sammysdad,
Welcome to the forum
Generally the big issue in your situation is spousal support.
With that said, it appears that the individual is entitled
to bring forth a claim of such due to the facts of your situation.
However, "means and needs" is the decisive factor when a court will award same with first consideration to support of a child.
As you mentioned, the individual is "babysitting" earning a respectable amount in addition to receiving public aid. To me this suggests fraud in itself.
If it was me, I would hire a bonded private investigator who could video tape the evidence of the comings and goings of children to and from the household for a week or two. This demonstrates on the balance of probabilities that
- they are capable to look after children notwithstanding their claim to the contrary;
- if they are doing such service, they should be receiving a monetary amount for such, and;
- the individuals credibility will be in question if the matter is litigated.
Once this evidence is obtained, present in on the other party. Get a feel for their stance at the point. I suspect they may drop their claim rather than risk exposing themselves to be fraudulent.
lv