Legal Question in Family Law in Virginia

Welfare for Older Sister w/Ct Ordered CUSTODY

Can one file for welfare, food stamps WITHOUT attacking relative for child support?

My friend, a 20 year old waitress, has legal court-ordered custody of her younger 14-year old sister in Virginia, because of the mental instability of their mother (brought on many years ago by a horrible disfiguring accident sending the mother to alcoholism and drug abuse)

The 20 year old adult sister obviously does not make enough to care for the younger sister, but has been advised she CANNOT get govt assistance for the 14 yo without attacking the mother for child support. She does not want to have her mother thrown in jail for nonpayment of child support and further spiral downward, as a precondition for getting welfare / food stamps assistance.

Can she get financial govt support WITHOUT showing that she has gone after the mother for child support, and without setting in motion a hornets nest?


Asked on 11/12/08, 1:00 pm

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: Welfare for Older Sister w/Ct Ordered CUSTODY

It's not a matter of "attacking the mother for child support" but a due determination on the part of the government agency evaluating an application for government benefits on behalf of a child as to whether the parent of such a child can reasonably be expected to assist in contributing to the child's support and provide some reimbursement at least in part for what the government may be providing for the child in terms of these benefits.

If the mother is found to be so impaired and incapable of fullfilling her obligation to support the child, it's likely that she will be legally excused from doing so, and that the application for benefits will be approved without this requirement that the parent pay support.

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Answered on 11/12/08, 1:19 pm


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