THE DANDELION CONNECTION
Ellicott Square Building., 295 Main Street Room 495, Buffalo, New York 14203

Volume 5 Issue 2         (716) 847-0655 ext. 216            March/April 1997
Copyright 1997, Neighborhood Legal Services, Inc.

Child Support --
Where to Start

     It's no secret to many that the changes in welfare are going to have a drastic effect on many families, most of them single-parent households. With this in mind, it is important to figure out ways in which to save money, earn money, as well as to look at all available resources which may increase the standard of living for our families. To some, making the decision to seek child support from your child's father/mother can be a difficult one. However, it can make a big difference for a single parent struggling to raise his/her child alone.

Where do I begin?

     First, you need to have information about the father/mother of your child. Helpful information would be items such as:

(1)   The first and last name of the child's parent and current address. (This sounds obvious,
        but (s)he may be using an alias or may have changed his/her name.)

(2)    His/Her Social Security Number.

(3)    His responsibilities: Does (s)he have other children? If so, how many?
        Does (s)he support them? Is she married?

(4)    What does (s)he do for a living? Who is his/her employer? How long has (s)he
         been employed at a particular job? Is (s)he self-employed? If so, what is the name
         of the business? Who are his/her co-workers?

(5)    Does (s)he have any health insurance, life insurance, pension benefits, disability
         benefits, worker's compensation, veteran's benefits?

(6)    What is his/her level of education? Does (s)he have any skills, licenses, certificates
         or degrees?

(7)    If (s)he is in the military, who is his/her commanding officer? Which branch of the
         military? Where is (s)he stationed?

(8)    Does (s)he own any property? House? Car? Bank accounts?

(9)    Who are his/her friends and relatives and where do they live?

     Knowing the answers to any or all of these questions can greatly assist you in obtaining a child support order.

What types of income are viewed as income available for support?

Can I receive child support from his/her SSI?

     No. SSI is not considered income; neither is public assistance.

     However, a Hearing Examiner for Family Court can require that the non-custodial parent pay at least $25 per month, even if they are on public assistance. Although the money can not be taken from their monthly check, it is still best to have an Order of Support. Once the parent is off of public assistance or legally employed you may be able to collect this accumulated support.

How do I know how much support to ask for?

     There are guidelines under the Family Court Act which outline the percentage of support per child (percentage of gross income minus 7.65% FICA).

They are as follows:

     Please note that there is a self-support reserve of $10,449. A self-support reserve is the amount of money the respondent must have remaining after paying child support, in order to be able to take care of himself. You may still obtain a $25 per month minimum Order.

     ALSO, the court may deviate from these guidelines if they find the amount to be unjust or inappropriate.

How long does a parent have to support their child?

     Under New York State Law, until the age of 21.

If my child (under 21) has left home, am I still liable for support?

     Yes. Your son or daughter can petition the court for support. Also, if the child is receiving public assistance, the Department of Social Services may petition the court for support on your child's behalf. For more information, contact the  Dandelion Hotline at 847-0650 ext. 226.

If the father or mother of the child does not pay child support, can he/she still visit the child?

     Yes. Please note that non-payment of child support does not remove a parent's right to visitation. Family Court may make an Order of Visitation or Custody during a paternity or support proceeding. This means that if you decide to take the child's father/mother to court to establish paternity or support and (s)he asks for visitation, the court may order you to allow the father/mother to visit, and may even allow some overnight visitation (whether you agree with the terms or not). Please know that if you do not allow him/her to visit, you are breaking the law. So proceed carefully.

Can I go to court on my own?

     Yes. You can file a petition and represent yourself in Family Court in a paternity support action. If there is no previous Family Court Order regarding support, go to the Probation Department of the Family Court, Room 502, 25 Delaware Avenue. If there is an existing Family Court Order regarding support, go to the Adult Legal Division on the 4th floor for an interview.* It is helpful to take the copy of the child support order, name, address, Social Security number and place of employment of the person from whom you are seeking support.

PLEASE NOTE: If you and your children are on public assistance, your rights to receive child support have been assigned to the Department of Social Services (DSS). This means that DSS must go to court on your behalf (except in cases of establishing paternity) and you may not file a petition on your own. Please contact Project Dandelion for more information.

Next Issue: Violations &emdash What if (s)he doesn't pay?

Your Financial Health

Ever think about the way supermarkets are designed?

     The more time you spend along the sides and back of the store, the more money the store makes. Most of the profits come from these areas. The meats are along the back so you can see them every time you exist an aisle--and the meat section is the most profitable section in the store.

     Most people buy milk and dairy products when they shop. The dairy aisle is at the back of the store because customers need to walk through everything else in order to reach it.

     Every year stores are offered over 15,000 new products. Where to put them? Well, manufacturers pay for shelf space--the larger the company the more shelf space it can buy. Sometimes the small companies don't have a chance!

 Be careful at the checkout. Three out of four mistakes here favor the supermarket (surprised?!). 

 

*For out-of-town child support information call the County Attorney's Office at
858-2200

LEGAL IMMIGRANTS

LOSING BENEFITS

 

Life will never be the same for many legal immigrants due to the infamous "welfare reform bill" signed into law by President Clinton on August 22, 1996. As a result of this new law, many legal immigrants will lose their SSI and Food Stamp benefits.

1. What did the old law say about SSI and Food Stamp eligibility?

Under the old law, Persons Residing Under Color of Law (PRUCOL) could receive SSI and Food Stamps. An immigrant was considered PROCUL if the Immigration and Naturalization Service (INS) had made an official determination that the immigrant was legitimately present in the U.S. for an indefinite period of time. This included many categories of immigrants.

2. What does the new law say about SSI and Food Stamp eligibility?

The new law says that all legal immigrants, including PRUCOL immigrants, are no longer eligible for SSI and Food Stamps unless they fit into one of the exemption categories.

3. What are the exemption categories?

Legal immigrants will lose their SSI and food stamp benefits under the new law unless they are:

(Note--After December 1996, a quarter only counts as "qualifying" if the resident has not received any public benefits, such as Medicaid, Food Stamps, TANF and SSI, in that quarter)

4. What about immigrants who have been in the U.S. more than five years?

All other immigrants, including refugees, asylees and persons whose deportation is withheld, who have been in the U.S. for more than five years, are not eligible for SSI or Food Stamps until they become citizens or they reach 40 covered quarters of employment.

5. When will non-exempt immigrants lose their SSI and food stamps?

All immigrants must receive notices about these changes by March 31, 1997. All immigrants' cases must be re-evaluated by August 22, 1997 to see if the immigrant is still eligible for benefits under the new law. If the immigrant does not fit into an exemption category, the immigrant will lose benefits in the month after the evaluation.

6. What about undocumented immigrants?

Undocumented immigrants continue to be ineligible for all federal public benefit programs, including public assistance, Medicaid, SSI and food stamps. However, they may still be eligible for emergency medical services, school meals, immunizations, and testing and treatment of communicable diseases.

7. How can an immigrant become a citizen?

To become a citizen, an immigrant must do three things:

1) Have been a lawful permanent resident for five years or have been a lawful permanent resident for three years and married to a U.S. citizen for those three years

2) Pass the history/civics exam and

3) Pass the English language requirement. It may take over six months to become a citizen, and some factors such as having arrests or convictions, admissions of crimes, and having made trips out of the U.S. for more than six months, and others could complicate the process.

7. Can a disabled immigrant be exempt from the exam requirements?

Yes. If an immigrant has a mental or physical condition that is so severe that it makes him or her unable to meet the history/civics and English requirements, he or she may be exempt from taking the exams. But the standard for getting an exemption is a strict one, and blindness, deafness and moderate mental or physical problems will not be enough to qualify for an exemption.

The bottom line is:

If you are a legal immigrant receiving SSI or food stamps and you do not fit into one of the categories listed in question #3, you should look into applying for citizenship if you are eligible. This may be the only way for you to continue receiving your benefits!

Earned Income Tax Credit

The Earned Income Tax Credit (EITC) is a refundable credit available to working people who have low to moderate incomes.

 To be eligible :

Eligible persons must file a tax return and document their income to qualify.

Earned income includes: wages, salaries, tips, union strike benefits, long term disability benefits received prior to retirement, and self-employment income.

Earned income does not include: unemployment benefits, social security benefits, welfare benefits, veterans' benefits, alimony, child support, or money received by inmates for work performed at a penal institution.

A qualifying child is: a son, daughter, adopted child, stepchild, foster child, or grandchild &emdash under age 19, or a full-time student under age 24, or permanently and totally disabled, AND someone who has lived with you in the U.S. for more than six months during the year (or for the entire year, if a foster child), except for full-time students.

Will the EITC affect my public assistance or SSI benefits?

In most cases, EITC should not affect your public assistance grant or your SSI benefits. However, to be sure, you should contact Project Dandelion.

What if I am an immigrant?

You must be a legal permanent resident-have a "green card" (1-551 card) or you must have lived in the U.S. for at least six months in 1996.

(There are other immigrant categories under which you may apply, so please contact Project Dandelion for more information)

VOLUNTEER INCOME TAX ASSISTANCE (VITA) IS A GROUP THAT CAN ADVISE YOU OF YOUR ELIGIBILITY AND HELP YOU FILL OUT YOUR TAX FORMS FOR FREE.

TO FIND OUT THE VITA CLINIC NEAREST YOU, CALL PROJECT DANDELION at 847-0650 ext 217

SOURCE: National Law Center on Homelessness & Poverty, Dec. 1996

 

ATTITUDE

     "The longer I live, the more I realize the impact of attitude on life. Attitude, to me, is more important than facts.

     It is more important than the past, than education, than money, than circumstances, than failures, than successes, than what other people think or say or do. It is more important than appearance, giftedness, or skill. It will make or break a company...a church...a home.

     The remarkable thing is we have a choice every day regarding the attitude we will embrace for that day. We cannot change our past...we cannot change the fact that people will act in a certain way. We cannot change the inevitable.

      The only thing we can do is play on the one string we have, and that is our attitude...I am convinced that life is 10% what happens to me and 90% how I react to it.

      And so it is with you...we are in charge of our Attitudes."
                                                                                              - Charles Swindoll.

 

Inspiration

Giving thanks for difficulties
I Asked God

I asked God for strength that I might achieve.
I was made weak that I might learn to obey.
I asked for health that I might do greater things.
I was given infirmity that I might do better things.
I asked for riches that I might be happy.
I was given poverty that I might be wise.
I asked for power that I might have the praise of men.
I was given weakness that I might feel the need of God.
I asked for all things that I might enjoy life.
I was given life that I might enjoy all things.
I got nothing that I asked for--
but everything I had hoped for.
Almost despite myself,
my unspoken prayers were answered.
I am, among all men (and women)
most richly blessed.

  -- So be careful what you ask for!

 

Your Help is Needed

Project Dandelion believes that a crucial element to obtaining self sufficiency and surviving transition is moral support. If you feel that a Dandelion &emdash male or female &emdash could benefit from knowing you and your experiences you may be interested in helping us develop a mentoring program. Call 847-0650 ext 216 for information.

 

Acknowledging Personal Success

Even though gaining independence from the Department of Social Services is an accomplishment, you can achieve successful goals while you're still receiving assistance. School, job training and even job hunting is an achievement because these are attempts to better yourself. Don't think that life begins only when you get off public assistance. I have found that this type of thinking can lead to low self esteem. Instead, know that you are an industrious and dedicated person who just needs an opportunity. Here's a way to acknowledge your success before you step into the employment world:

VISION

To perceive yourself
in a better position in life
(goal setting, ambition)

 

ACCOMPLISHMENT
The finished product
of your vision
( getting the job of your choice)

SUCCESS

MOTIVATION
To believe in your vision
(organizing new plans,
new focus on life)

  ACTION
To apply actions to set goals
making change a priority
(obtaining skills, job hunting)

  DON'T BELIEVE WELFARE STEREOTYPES!
If you can simply visualize improvement, your successful cycle has begun!!!!

Special Note: Using this process has enabled me to make the transition from unemployment to becoming an important asset to the employment world. Self motivation was the key factor. It worked for me, and it can work for you too.--Faye Goggins

Next Issue: Making Workfare Work for You (CWEP/HIRE, TEAP Programs)

Special Thanks to --

T.J. Maxx for sponsoring the Fashion Show on February 18. It was a HUGE SUCCESS!!!!

Regents Cleaners for a speedy job on 21 pounds of clothes. Thanks for being a "bulk cleaner"!!!

The staff at Neighborhood Legal Servcies who donated clothing for the clothing give-away. They were greatly appreciated! and are being put to good use.

To Dennis Hannon of Ellicott management who got us a clothes rack and hangers at the last minute.

and to all the Dandelions who attended the Fashion Show/Potluck. It's all because of you that the meeting was a SUCCESS!!!

 

For up-coming Events

Call Project Dandelion at

847-0650 ext 226

Remember - weekly Dandelion meetings are held
every Tuesday at 1:00 p.m. at
Neighborhood Legal Services, Inc.
Ellicott Square Building
295 Main Street, Room 495
Buffalo NY 14203

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