PDA

View Full Version : Question to the lawyers:Newborn and responsibility



alvina
06-08-2004, 07:34 AM
I am divorced. My case is pending -- Removal the Conditions on Residence. I am expecting a baby that is due before the decision regarding to me case will be made. I have a few questions regarding to this situation.

1. My ex- husband has signed the Affidavit of Support when we got married. Will he be hold responsible by the government if I apply for welfare such as Emergency medicaid ( labor) taken into account that the new born baby is not his?

2. How it may affect my status if I apply for welfare for the new born baby that will be a U.S. citizen and will be entitled for certain things as Medicaid? Will my husband be still responsible because of Affidavit signed by him way back ago? Or the natural father will be hold responsible on the basis the the paternity is proved by court?

vlada
06-08-2004, 09:28 AM
IMHO, the natural father is obligated to pay child support and provide medical coverage for the child.
You ex might be obligated to follow up on his Affidevit of support for you ONLY.

alvina
06-08-2004, 01:05 PM
Thank you for the replay. Can the natural father be hold responsible for the "labor" bill from the hospital? And if does, what is a proper way? I was told by several case workers from the Job and Family Services that my labor will be covered by Medicaid if I apply staright after the delivery-- they sent me a special form--it will be considred as an emergency Medicaid. I am afraid that if I do so it may effect my pending status because I will be aplying for welfare.My question is where the money will come from? Government will look for a sponsor as far as I understand afterwords, who is my ex-husband. What is the best way to deal with the situation?

vlada
06-08-2004, 01:31 PM
Thank you for the replay. Can the natural father be hold responsible for the "labor" bill from the hospital? And if does, what is a proper way? I was told by several case workers from the Job and Family Services that my labor will be covered by Medicaid if I apply staright after the delivery-- they sent me a special form--it will be considred as an emergency Medicaid. I am afraid that if I do so it may effect my pending status because I will be aplying for welfare.My question is where the money will come from? Government will look for a sponsor as far as I understand afterwords, who is my ex-husband. What is the best way to deal with the situation?

As far as I know natural father is responsible for 50% minimum of your labor bill. Your ex is not liable for somebody else's child.
He signed Affidevit for you only.

The proper way would be to go to county Court and establish your boy friend (or whatever he is) as a natural father. DNA testing may be involved if he objects.
They will also establish child support, visitation rights (if any) and all other legalities.
As I understand, emergency Medicaid is something different, this is not your living expenses that your ex would be liable for.
Let the government to take care of it's new citizen.

Besides,If you come to any hospital ER , and you are in labor, they will not kick you out regardless of your ability to pay.
Even is they send you a bill afterwards, you may never pay it. There is nothing they can get out of you. The only they can do is send the bill to collection agency, and eventually spoil your credit histiry. But INS doesn't check credit history either.

When the child is born, you will be applying for welfare for your child, not for yourself. That is in case you get no child support.
I don't think it may affect you immigration case.

The bottom line: you are lucky to have a child in the US.