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WALLSTREETFIGHTER
WALLSTREETFIGHTER, Attorney
Category: Legal
Satisfied Customers: 17252
Experience:  14 years experience in representing clients, current member of legalshield, legal club of america, NYSUT and UFT attorney
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My daughter lives with me on a day to day basis. But legal

Customer Question

My daughter lives with me on a day to day basis. But legal joint custody is shared with visitation granted of every other weekend for the father. Before the court established the visitation arrangements for the father he applied for welfare for my daughter, his son from a new relationship, his girlfriend, her daughter and the new girlfriend is now pregnant and due in July of this year. My question is can he receive welfare and I be required to pay child support to the D.A. as he is saying although my daughter does not live with him?
Submitted: 8 years ago.
Category: Legal
Expert:  WALLSTREETFIGHTER replied 8 years ago.
WHY ARE YOU PAYING CHILD SUPPORT TO THE FATHER WHEN THE CHILD IS LIVING WITH YOU AND HE SEES HER EVERY OTHER WEEKEND, CHANGE THAT ASAP.

YOU SHOULD HAVE CUSTODY AND HE SHOULD PAY YOU SUPPORT. REGARDLESS OF WELFARE OR HIM SUPPORT SHOULD GO TO YOU
Customer: replied 8 years ago.

Thank you for your response. I agree. I am not currently paying child support but he stated he was required to complete information on the other parent (which is me) when applying. He told me they will never find me because he did not give my real name. I don't believe that and when I spoke w/ the Supv. at the county office she said regardless of where the child lives the fact that he has joint legal custody (not physical) he is entitled. She advised me to apply. We could never survive on that small amount and seems there should be an easier way. The other option she advised was for me to go back to court and ask the judge for sole physical and legal custody to resolve. This just doesn't make sense. Feels like I am being punished and I am the one taking care of my daughter.

Expert:  WALLSTREETFIGHTER replied 8 years ago.
HE IS COMMITTING WELFARE FRAUD, YOUR ONLY OPTION IS TO FILE OF FULL CUSTODY AND A CHILD SUPPORT ORDER FROM THE COURT.
Customer: replied 8 years ago.
Last question so that I can accept. The welfare fraud representative said because he does have a qualifying household he is elgible but because my daughter does not live with him it may need to be modified. Once the court documents are received I can take them to the county office so that an investigation can begin. Would you still recommend that I go back to court to file for sole custody?
Expert:  WALLSTREETFIGHTER replied 8 years ago.
YES, CUSTODY IS WHAT YOU HAVE, YOU SHOULD ENFORCE YOUR RIGHTS TO YOUR CHILD, HE IS TAKING ADVANTAGE OF YOU BY NOT HAVING TO PAY CORRECT SUPPORT PAYMENTS, AND GETTING MORE MONEY FROM WELFARE.