Quick question

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debbiescalese
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Joined: Thu Jun 28, 2007 4:55 am
Location: WV

Quick question

Postby debbiescalese » Tue Aug 19, 2008 12:15 pm

Somebody I was talking to is having a hell of a time. She got her kids back and the state wants back child support paid. She is in NC was homeless and to get the kids back she had to get a home blah blah and she did. Now they want something like $4000 from her. She doesn't have it. So they are threating to put her in jail for non payment and remove the kids back to foster care. I know I read somewhere where if child support is going to interfere with reunification they won't order it I just can't remember where. Does anybody know where I can find that for NC?

Marina
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Postby Marina » Tue Aug 19, 2008 5:19 pm

Here are the links to the state laws. Look for the foster care policy manual.

http://www.childwelfare.gov/systemwide/ ... ies/state/

I think the courts have to order child support by law, any time someone receives any kind of welfare services, including foster care.

Then at the hearing, parents can say they don't have a job, or any other kind of explanation.

I have never heard of a social worker actually using the option of asking the court to not order child support because it will interfere with reunification. Judges sometimes will continue the hearing until after the reunification period has passed, then sock it to them. But other judges will go ahead and order the support, then Child Welfare will say that the parents didn't pay child support while their child was in foster care, therefore the parents can't afford to take care of their children.

If you have your children back, I doubt if the social worker will help you out at the child support hearing. They may not even have the legal ability to do that. But you can try.

At the hearing, you can tell a sob story to the judge, but I don't think the judge even has the legal authority to dismiss child support. He can only order you to pay a lesser amount, but the remainder will stay on the books forever, as far as I can tell.

This is just my personal opinion.

Here is a link

http://info.dhhs.state.nc.us/olm/manual ... P384_33313

REFERRAL REQUIREMENTS - FOSTER CARE (IV-E/SFHF)

When a child is placed in Foster Care, the county DSS is obligated to seek child support for that child from the child's parents. An order by the juvenile court for placement of a child should address this requirement. If the placement order does not address the issue of child support, the county DSS should seek to modify the order to include provisions for both child support and medical support from the NCP.

TERMINATION OF A CHILD SUPPORT OBLIGATION - FOSTER CARE (IV-E/SFHF)

In some instances, proceedings for adoption of a child in Foster Care are initiated. The obligation of a parent to provide support for a child ends if an order of either adoption or termination of parental rights is entered by the court.

In accordance with G.S. 48-3-607, the parental responsibility remains in effect until either the adoption decree becomes final or the parent/child relationship is otherwise terminated by the court. The execution of a consent for adoption does not terminate the parent's responsibility for a child. Any debt of past due child support that exists at the time when a parental obligation was terminated is not voided by that order.



http://info.dhhs.state.nc.us/olm/manual ... ScXIII.pdf

See page 60 & 61

Search the document for "child support" or "reunification" or "return."

...


I can't find any reference to child support being deferred for reunification, like it is in VA.

http://www.dss.virginia.gov/files/divis ... pening.pdf

page 11 of Foster Care Policy Manual

If the service worker believes the collection of support will interfere with the goal of returning the child home, the worker should inform the court at the hearing where child support is addressed of those specific concerns. Refer to Section 5.6.6.

MaggieC

Postby MaggieC » Tue Aug 19, 2008 6:47 pm

Not sure about NC but in NY -child support is based on income. If she has no income or limited income - then the costs would be reduced and/or stretched over time.

I will try to see what I can find out about NC law----

Stall. Make them prove that she owes so much and that she owes it NOW.

Maggie

trappedinwreakage
Posts: 72
Joined: Thu Feb 22, 2007 10:56 am
Location: NY State

Postby trappedinwreakage » Thu Aug 21, 2008 6:33 pm

In NY state, two years ago, there was a minimum of $25 per week per person (if my memory serves me correctly), thats without income or low income, otherwise it is 17%. So at 52 weeks with low enough income that is only $1300 per year per income. Support needs to be determined according to your states specifications, according to your proven income during said period and this needs to be done in a court of law..... NO WHERE ELSE.

The other part I cant help with, seems like a oxymoron to not let parents have their children because they owe the system money for taking them in the first place. But then isnt the second half of that word so fitting ?

oxymoron - a figure of speech that combines two normally contradictory terms. Oxymoron is a loanword from Greek oxy ("sharp" or "pointed") and moros ("dull"). Thus the word oxymoron is itself an oxymoron. (from wikipedia)

oxy - short for oxygen, something we all need to sustain life, keeps us "sharp" (from the Wreakage New Dictionary of the English language)

moron - typical kind of person required for employment by CPS or work in the family court system, typically people with a pretty "dull" life outside of their work fiascos (from the Wreakage New Dictionary of the English language)

kids4me
Posts: 4
Joined: Tue Aug 12, 2008 6:43 am
Location: Strasburg

Re: Quick question

Postby kids4me » Thu Aug 21, 2008 6:45 pm

Each State is diffrent but I do know that if they want child suport from her she can say all she can aford is $25 a month and they have to take it...But I know that is how Colorado handles it..

You see I adopted one of my foster daughters and I got 328 a month to raise her when she was my foster child. Well reciently we had to put her in a treatment center for her saftey and ours.And they want us to pay 600 a month even though our personal health insurance is paying for her to be there.And a friend of mine that I dealt with when I was still doing foster care is telling me to tell them that is all I can aford and they will take it...She needs to fight them because she did everything to get her kids back and it is just a game to them
May god protect us all.

MaggieC

Postby MaggieC » Thu Aug 21, 2008 7:38 pm

Kids,
Thanks for speaking up!

Maggie


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