My wife is on section 8 housing, food stamps, and WIC. Can she get all that assistance plus child support?
Q) I am still married attempting to get a divorce, my wife is on section 8 housing, food stamps, and WIC, she just had a 4th child from another man. She is contested our divorce filing and had it thrown out because i have not been in the state long enough due to deployment. She states i can never see my kids again and she is going to the office to make me child support, When she moved home the military took out money from each check for separation pay for the 3 kids . Can she do that? Can she get all that assistance plus money from my pay check?
A) Yes, your wife can receive both child support and public assistance benefits like Section 8 housing, food stamps, and WIC. Child support payments are not considered income and therefore will not affect her eligibility for these benefits. However, the child support payments may be taken into account when determining the amount of public assistance she is eligible to receive. It’s important to note that child support is meant to support the child, not the custodial parent, so it’s important to use the child support payments for the child’s needs.
It is possible for a mother to get public assistance while getting child support. As the amount of food stamps a family receives depends on its size and income. When the custodial parent’s household receives food stamps, cash child-support payments are treated as unearned income.’O The more support received, the lower is the family’s food stamp allotment.
It may be possible to get your grandson’s father to pay child support. In most states, termination of parental rights does not necessarily terminate the obligation to provide child support (unless the termination is occurring so that someone else, such as a stepparent, can adopt the child).
Under most jurisdictions, the rights a parent has to their children are entirely separate from the duties a parent has towards their children.
Parental rights include things such as the right to visitation, to receive information about your child’s health care, to consult with the other parent regarding the child’s education, and even to possibly receive a portion of your child’s earnings (your previous divorce decree, court order, or state statutes should outline what rights you currently have).
Parental duties include things such as paying child support and providing for the physical well being of your child. The Court’s obligation is to ensure that measures taken are in the best interest of the child, and children need to be provided for, so a termination of parental rights does not necessarily terminate parental duties.
In other words, a parent’s decision to voluntarily give up his or her rights to visitation, etc., may not have any effect on his or her obligations to still provide for the child through child support.
You should speak to divorce lawyer in your jurisdiction for specific legal advice about the laws in your state. http://dadsdivorce.com/articles/child-support-and-termination-of-parental-rights/