Legal Question in Family Law in North Carolina

I am married with two children, me and my husband are out of work and now attending college full-time. I apply for Food Stamps and they are saying that since my husband has a felony (drug) charge from 1998 and serviced time in 2001 that he has to take a drug test. My husband did not go the DSS, I did and also he never signed any forms, I did. My questions is what are my rights as far as getting Assistance from Social Service form my family? Can they hold his past against me and my children and deny us help?


Asked on 6/10/10, 7:27 pm

1 Answer from Attorneys
Rachel Hunter

I would have to see the forms, but as long as your husband is a part of the household, DSS will want information on him. According to the online form I reviewed, anyone who has been convicted of a Class G felony or greater is precluded from receiving benefits.

"If you checked �yes� to any of the blocks above, please write in the space below the name(s) of the individual(s), the date of the violation, and the type of the violation (This individual is ineligible to get food stamp benefits, unless the individual was convicted of an H or I controlled substance felony in North Carolina.)"

So you and the children can get them, but your husband may not be able to get them.

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Answered on 6/11/10, 11:52 am


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