Question:

Can the family of a child support payor receive assistance?

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My sister is in a unique situation. Her new husband has his wages garnished for past due child support. As a result, they are in dire financial straits. Part of the amount he pays is to cover medical insurance for his child in another state. But they cannot afford medical insurance for themselves or for the baby they have together. They have trouble putting food on the table or paying their bills. His "net" income (after taxes and child support) puts them well below poverty level. Can she apply for and would she be granted food stamps or Medicaid based on those cicumstances? Please spare the lectures on what she should or shouldn't have done or "serves him right". Please just comment on the question at hand, as I want to be able to give her some advice and not a lecture. Thanks.

P.S. They live in NY, the child lives another state.

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  1. They can always apply, but the income that they look at is before child support.  Her husband can always go back to family court and try to have the decree changed to a lower amount, but if the garnishment is to not only pay each month's child support but also to make up for back child support, he will probably be out of luck and have legal fees.  Applying for welfare and food stamps is free but not guaranteed.  Perhaps there is a church group or organization in the area that could help them out with food and other expenses while they try to get back on their feet.  If not, I would advise them to do whatever they can and downsize as much as possible, even if it means taking on a second or third job each or all living in a studio apartment.  


  2. Sure she/they can apply for assistance.They will calculate his support payments in their assessment. I just want to warn you that Public Assistance in this economy is playing games with people. So your sister has to be adamant! The sure thing they will give you is food stamp food card. She can get that pretty much right away. She must be prepared to be treated like a criminal they will take her picture and fingerprint her.Tell her to buy 3 accordian folders, the paperwork generated from dealing with the government is enoromus and never stops.Tell her to make a copy if she can of her original application, then when recertification dates come around she can just copy everything that hasnt changed. She will be asked to go to the child they have together school and get an attendance /enrollment letter(if applicable). She will need to copy all of her appointment letters for her own files, PA is notorious for telling people they didnt show up to an appointment and if they make a mistake they NEVER ADMIT IT OR SAY SORRY.Tell her when she arrives home from one of her appointments the first thing she MUST do is put all of her documents BACK in their respective folders. PA will tell them they wont get anything for 45 days which is rediculous, but if a bill is due she has to keep nagging her case worker to get it paid.Oh and she should be prepared for an "EVR" visit to her actuall home.The money grant is 109.00 dollars twice a month for a single woman and one child,she will probably get a little more because of her husband. She should ask forPA (which is money grant)Food and  MA (medical assistance(Medicaid) (Medicaid will ask her to choose a HMO i.e. HMS,Healthfirst, Fidelis, these are health care organizations who watch medicaids spending, in other words they wont let the hospital charge medicaid for any and every thing or over charge medicaid.) THEY MAY ALSO ASK HER TO PARTICIPATE IN SOMETHING CALLED WEP(work experience program) this will be a real dilema because what they are actually doing is requiring the parents to be out of the house, this may be difficult if their child is very young. If she chooses rightly to stay home and nuture her child and instill morals, the English language and values they may cut the money down. so she and he should be prepared for that.Tell I said good luck I live in NY.

  3. She can certainly apply for assistance, and definitely get medical coverage for the baby. She should contact someone at the Department of Human Services for an appoinment. NAd let her know she shouldn't feel ashamed, lots of people are on State assistance because our economy is horrible right now. The State should provide emergency assistance for people who need it for a short period of time, until their situation has changed for the better.

    http://www.monroecounty.gov/hs-assistanc...

  4. For any type of Welfare payments, they would use his income "before" Child Support. was taken. This would probably make them ineligible.

  5. Not sure of the policies there in New York, but in Arkansas...they do figure in Child Support as a "necessity" payment, so to speak.  Especially if it's court ordered.  It's easier to get Medicaid (children) than it is to get food stamps...Good luck to you.  

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