Legal Question in Family Law in Texas

medicaid

My friend and his wife are separating. If she is does not want him to pay child support because he does pay for things that the kids need, but she is going to be put on medicaid. Is there still going to be some type of payment that he will need to pay, if so, why?


Asked on 7/11/07, 11:37 am

1 Answer from Attorneys

Fran Brochstein Attorney & Mediator

Re: medicaid

If she receives any sort of government financial assistance (Medicade for the kids, food stamps, housing, etc.) in order to qualify, she must assign her rights to the Texas Attorney General's office and they will eventually come after him for reimbursement.

Why? Because the taxpayers are supporting his children instead of him.

What should he do? Get health insurance coverage and keep proof of it! Give her a copy of the insurance card so that she can use it for the kids.

Then if she applies for assistance, she may be commiting a crime.

Also, he needs to pay child support directly though the San Antonio Disbursement unit each month.

No cash directly to her!

He must keep copies of ALL receipts to prove that he is supporting his children. Such as: restaurant meals, groceries he purchased, clothing he purchased, entertainment expenses, cell phone expenses, school supplies, etc.

He must keep all paperwork for at least 6 years after the youngest child turns 18.

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Answered on 7/11/07, 9:07 pm


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