Joint physical custody & joint physical placement of son. Social Services taking me to court for support; mom getting assistance

His mom & I have a great co - parent relationship . I work seasonal 1st shift & take on line college courses , she works 2nd shift so I have our son up to 90 percent of the time . He has his own bedroom here . I remarried & my ex allows us to claim my son on our taxes & I write his mom a check for half of his tax credit ( $ 500 ) . Everything is truly 50 / 50 . This arrangement has been in place since 6 / 10 . She works as a waitress & gets enough aid for her rent . I have mortgage / vehicle / utility payments , etc . Now social services filed against me claiming that I have FAILED to support our son & they want to make me pay child support which may open old wounds & actually take money from me that I use on my son's behalf . His mom & I are livid & she is going to court with me to fight on my behalf .

Westfield, NY -

Attorney Answers (3)

Larry David Stassin

Larry David Stassin

Child Custody Lawyer - Dyer, IN
Answered

You need to contact an attorney in your area. It would appear that mother did not disclose the entire arrangement the two of you have as it relates to your son when she applied for benefits. My guess is she claimed full custody and probably indicated that she received no direct support from you, which is true. I am further guessing that she did not disclose how much time you have withyour son or your financial cointribution to his upbringing. If she goes to court with you and states the truth, it could very well have an impact on the benefits she receives.

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Marco Caviglia

Marco Caviglia

Personal Injury Lawyer - Poughkeepsie, NY
Answered

The financial assistance that she is getting may have prompted the county to sue if they determined you are paying less than the child guidelines amount of support in the absence of an existing agreement or court order. The action will not take money away from your child, but will possibly take more money from you. It helps that mom is an ally, not an adversary, but that will not be determinative. Try to get an attorney and see what s/he can do.

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Pieter G. Weinrieb

Pieter G. Weinrieb

Family Law Attorney - Buffalo, NY
Answered

It could be that the support they, social services, seek is for medicaid. If you or your ex do not provide medical insurance the county would be looking of reimbursement from both of you. You should speak with your ex about what she may or may not have said to the county and then seek the advice of an attorney.

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