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Conference quokka::non_custodial_parents

Title:Welcome to the Non-Custodial Parents Conference
Notice:Please read 1.* before writing anything
Moderator:MIASYS::HETRICK
Created:Sun Feb 25 1990
Last Modified:Fri Jun 06 1997
Last Successful Update:Fri Jun 06 1997
Number of topics:420
Total number of notes:4370

248.0. "A Unique Situation" by PCCAD::DINGELDEIN (PHOENIX) Wed Feb 17 1993 08:41

    A buddy has a problem you folks may be able to help with. He's got a 14
    year old daughter living with her mom in NH. He lives in MA. His
    divorce was final last week. He was seperated for almost 10 years and
    has been paying support to his daughter directly. His ex is a
    generational welfare recipient. She presently lives with her boyfreind
    who has two children. Once the divorce was final the state contacted my
    freind wanting him to pay them direcrly. Here's the rub.
    
    The child has been getting the support she needs to buy her clothes,
    extra school stuff etc. If the state steps in his daughter will get the
    scraps left over after her mom and her boyfreind and kids are done with
    the welfare dollars. She's old enough and mature enough to manage her
    needs (except housing). The divorce decree ststes he is to pay his
    daughter directly.
    
    Does he have a shot at getting the state of NH off his back so he can
    continue his present support arrangement?
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248.1AIMHI::RAUHI survived the Cruel SpaWed Feb 17 1993 10:3919
    Chances, are cooling down hell to snow.:) He is better off trying to
    get custody of his daughter. And nurturing her himself. There is an age
    in which children can choose the non custodial parent to live with if
    they wish. 
    
    I would certainly start gathering all the cancled checks ASAP if the
    state of New Hampshire steps in. He too could be looking at the Gray
    Bar Motel as a future place of residence.
    
    Because she is a minor, her mother is the parential guardian of this
    child and is entitled to all monies. 
    
    And if the mother is living with a boyfriend and children I would
    gamble that the ex is not telling the truth of who is living in the
    house hold and maybe, just maybe. The welfare office would like to know
    who is living in the house. Doing this and documenting fraud, if it is
    fraud, can protect himself if there is other little dho-dha's that
    arise. And if no one does anything about it and it is fraud. Sometimes
    local media loves to wash the laundry of fraud's. 
248.2They can't make him payCSLALL::GWILSONWed Feb 17 1993 14:4411

  The State of NH normally cannot make your friend pay them
directly unless there has been adjudged arrearage.  I am
unsure how her being on AFDC affects this.  Have him go to
the local law library and look up Hahn v. Hahn.  It's a
recent (last couple of years) NH Superior Court case.  Sorry
I don't have the exact reference handy.

Regards,
Gary
248.3not much help hereCSC32::HADDOCKDon't Tell My Achy-Breaky BackWed Feb 17 1993 15:4922
    re .2

    If a CP goes on welfare, the State usually goes after the "support"
    check...and keeps it to offset the welfare payment.  the "AFDC" goes
    directly to the CP, the state keeps the "support".  

    I agree with George.  Both father and daughter are up the creek. 
    At her age, if she is willing, it will be easier to get custody
    changed.  

    Is it legal to collect AFDC in NH if she is living with this boyfriend?
    Some states it is.  Many it is not.  She could be in for a round in
    George's Greybar Hotel for fraud.

    One more point,  if he gives any money directly to his daughter, that
    is considered a _gift_ and cannot be deducted from the "support"
    payment, but...in most states the CP has to count that as income and
    it will be deducted from the amount of "AFDC" she can collect.  Check
    it out with a lawyer before doing anything like that.
    
    fred();
248.4AIMHI::RAUHI survived the Cruel SpaThu Feb 18 1993 06:4518
    Based upon Freds last line as in gifts.... I think if I were your
    friend there would be an ol saying from Mad Max And the Thunder Dome.
    "Two men walk in, one man walks out...." And that is based upon the
    thoughts if the money given to the child is considered a gift.... Then
    your pal is well behind in child suport and there is a good chance that
    he is on his way to the Gray Bar Motel. So, I would certainly find out
    that she is doing or not doing fraud and zip her first before he gets
    zapped! :) Or have it as a card if she does push jail for non payment
    of child support.;)
    
    And there will be tuffer standards for child support! Just replay you
    video from last nights 'State of the Union' featuring your very best
    prez.:) 
    
    I hear that train a comin
    comin down the track 
    I'm here if Folsom Prision
    and life keeps drag en on.....;)