Legal Question in Family Law in North Carolina
Can child receive child support AND welfare
My 17 year old stepdaughter (soon to be 18) just had a baby. Her mother has custody and does not allow us contact with the daughter, we've given up trying. The mother let it slip that the daughter is applying for welfare for herself and the baby. Can she receive welfare AND child support? If not, then how can we get the proof that she is on welfare?
1 Answer from Attorneys
Re: Can child receive child support AND welfare
The government can order a father to reimburse them for welfare and state aid recieved for a child. Unless the father is paying such a miniscule amount that the child's needs are not being met, the child should not be eligible for state aid as well. The mother, then is committing fraud against the government (and the rest of us).
Several things need to be done to ensure that the father is protected. Ensure that any child support he pays is paid via check, money order, etc., and that each says "child support." Money or checks w/o "child support" memos, could be considered gifts, loans, etc.
Also, as the father of your stepdaughter, depending on where you are in the country, your husband may be liable for any government aid your daughter recieves. Fortunately, since the daughter is soon to be 18, his obligation may end shortly.
Therefore, contact social services if you recieve any information regarding her application for government assistance. Ensure that the father pays his support and pays it as support.
The other portion of your email that concerns me is the Grandparent Rights issue. Recently, the courts have begun to recognize the rights that grandparents have to see their grandchildren and the benefit such relationships have for the children. You may need to talk to an attorney in your area who has experience dealing with grandparent rights.