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Edith121
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Reged: 08/31/10
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child support and residential placement
      #686562 - 08/31/10 10:31 PM

I am the mother of a 15 year old boy with autism. I cannot keep him at home anymore and he is going to a residential facility in October. The full cost of the placement is covered by New York State. The question I have is whether I will be able to continue to collect child support from his father. Currently we have joint legal custody and I have sole physical custody. I have been caring full time for our disabled son and have no means of supporting myself. Can I keep the child support because I have to keep a home where my son can visit me on weekends, etc? Please help.

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gr8Dad
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Re: child support and residential placement [Re: Edith121]
      #686572 - 08/31/10 10:58 PM

I guess the question would be how much are YOU now contributing to the child's upkeep? Before the placement, I assume his father pays support regularly. That will now go to the state. You will also be required to support the child by making payments to the state. Your input to the child's care was what you were doing to support the child, that is no longer the case.

Consider this, if you were paying the father money and the father was caring for the child, and the father placed him in a home, how would you feel about continuing to pay the father monthly? Is there a REASON that you will be unable to work and earn money?

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Why give a "senior" discount, they have had plenty of time to raise the money...


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Edith121
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Re: child support and residential placement [Re: gr8Dad]
      #686605 - 08/31/10 11:44 PM

No, the money will not go to the state. The disability is so severe that Medicaid covers the residential cost without regard to family resources.
It's a strange and very sad situation.


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Maury
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Re: child support and residential placement [Re: gr8Dad]
      #686606 - 08/31/10 11:45 PM

If the child is in a state facility, they will seek to have him compensate them for the costs. He must assist in repaying medcaid costs. That is where support will go.

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Sherron
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Re: child support and residential placement [Re: Maury]
      #686613 - 08/31/10 11:57 PM

"If the child is in a state facility, they will seek to have him compensate them for the costs. He must assist in repaying medcaid costs. That is where support will go. "

Hate to disagree with the lawyer here, but having had a child in a state facility paid for by medicaid... both ex and I were ordered to pay support to the state, based on my ability to pay (yeah, it didn't make sense to me either, but ex didn't show at the hearing, and the judge just ordered ex pay the same amount as me, based on my the income info I submitted... which apparently wasn't much, because the co'ed amount was ridiculously low). Dd was still considered as living with me for cs purposes, even when there was no chance she would be at my home until dismissal. Ex tried to get the cs dropped, and OCSE denied it because I was still the CP on paper. I also checked with an accountant who told me dd was still considered as living in my home for tax purposes as well.


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Maury
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Re: child support and residential placement [Re: Sherron]
      #686616 - 08/31/10 11:59 PM

Interesting. Generally a different statute regarding contributing to costs of foster csre or confinement comes into play based on each parents abilty to pay. My experience has been, that is where child support costs are alloted. Of course, states may differ,

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Sherron
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Re: child support and residential placement [Re: Maury]
      #686618 - 09/01/10 12:02 AM

"My experience has been, that is where child support costs are alloted."

Ex was paying cs to me and the support payment to the state. Okay, let me rephrase that, he was ORDERED to lol.


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Edith121
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Re: child support and residential placement [Re: Sherron]
      #686685 - 09/01/10 08:04 AM

[quote] Hate to disagree with the lawyer here, but having had a child in a state facility paid for by medicaid... both ex and I were ordered to pay support to the state, based on my ability to pay (yeah, it didn't make sense to me either, but ex didn't show at the hearing, and the judge just ordered ex pay the same amount as me, based on my the income info I submitted... which apparently wasn't much, because the co'ed amount was ridiculously low). Dd was still considered as living with me for cs purposes, even when there was no chance she would be at my home until dismissal. Ex tried to get the cs dropped, and OCSE denied it because I was still the CP on paper. I also checked with an accountant who told me dd was still considered as living in my home for tax purposes as well. [/quote]

So you were able to keep most of the cs?


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Miranda
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Re: child support and residential placement [Re: Edith121]
      #686691 - 09/01/10 08:17 AM

I have a friend with a child in a state juvenile facility and she is also ordered to pay $$$ to the state for reimbursement.

You will need to seek employment now that your son is not in your care.

--------------------
13.1...because I am only half crazy!


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Sherron
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Re: child support and residential placement [Re: Miranda]
      #686697 - 09/01/10 08:27 AM

"So you were able to keep most of the cs? "
Legally yes, ethically no. My ex and I made an out of court agreement to where I returned dd's portion to him after he had met some medical arrears, and minus his share of insurance that wasn't addressed in our cs order. Child support is intended to take care of the child's needs. It didn't seem fair for him to continue paying cs for her when she was not in my care, especially when he was also paying the state.

Since you are no longer caring FT for your son, what is preventing you from supporting yourself now?


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