My stepson's mother has two children one of which is my husbands. The state just sent papers asking for all of his financial info because mom is receiving state aid and they want to modify support. The confusion is that both of her children are listed as related to the case. She claims not to know who the father of her 2nd child is and is unwilling to find the father and seek support. Why is her other child included in paperwork to modify support on their son? She receives CS,med.coverage,and half of unpaid medical form my husband,families first, housing that she doesn't live in,and Tenn care and has worked full time or drawn unemployment the entire time. How is she doing this? How likely is an increase or an attachment of income tax? Will the courts consider that aide is due to her other child she won't pursue support for? We don't want to shirk his responsibility to his son or see any child do without but her other child is not our responsibility.

My stepson's mother has two children one of which is my husbands. The state just sent papers asking for all of his financial info because mom is receiving state aid and they want to modify support. The confusion is that both of her children are listed as related to the case. She claims not to know who the father of her 2nd child is and is unwilling to find the father and seek support. Why is her other child included in paperwork to modify support on their son? She receives CS,med.coverage,and half of unpaid medical form my husband,families first, housing that she doesn't live in,and Tenn care and has worked full time or drawn unemployment the entire time. How is she doing this? How likely is an increase or an attachment of income tax? Will the courts consider that aide is due to her other child she won't pursue support for? We don't want to shirk his responsibility to his son or see any child do without but her other child is not our responsibility.
Your husband should NOT send in any financial info at this time. Instead, he needs to write them a letter, explaining that only one of the two children are his, and he should demand that the state get a court order for a DNA test. He should also explain that he is willing to fully cooperate, but will be unable to do so until they get the paperwork straightened out. He should send the letter by certified return reciept requested mail.

They cannot LEGALLY change his support order without going to court, but just in case, your hubby should consult with an attorney so that he knows what to do IF the state pulls any tricks. Good luck.
Xena :)

hello

when you do have to answer the modification you want to respond with your own request for a downward modification if the child that your husband is responsible for is school age and she would be able to work. Make them impute her income in the support order TN is a shared income state and regardless of the younger childs age I do believe that most states will impute an income for a mom even if she has an infant if the child that you are responsible for is of school age and her but should be getting a job if she was not having kids and making the government (and all of us tax paying citizen pay for).

Request that the moms income be imputed at full time minimum wage if she has always been sitting on her but.. On the outside chance that she has actually held a job you should be able to have her previous wages (earning capacity imputed)

hopefully this will help.

Oh and you are not responsible for child care for the younger child if they try to calculate that into the mixture.

dont have enough info to give you more exact information.

good luck

rini