What Responsibilities Do Grandparents Have For Paying Child Support
The obligation to pay for the child support lies primarily on the parents. There are two ways on how this obligation may be resolved or decided among the involved parties. One of which is through an extra-judicial settlement wherein both the mother and the father will come into an agreement on how they are going to divide the liability for the expenses arising from child support, care and maintenance. Most of the time, the contract between them will provide for an equal or 50-50 sharing.
However, if the parties cannot settle the dispute amicably, then there will be a need to seek the aid of the courts. Either of them may file an action in the court of law praying for the declaration of the adverse party to pay for the child support.
Can A Grandparent Be Held Liable for Child Support?
The foundation of why a biological or an adoptive parent is made responsible for the support of the children was based on the general principle that a grandparent has no obligation at all for the support of his or her grandchildren. Nonetheless, it is recognized by a common law that a grandmother or a grandfather may still be made liable if they have acted in loco parentis.
Who Is The Party Primarily Liable?
In several cases decided by the Supreme Court, it was ruled that the parents are not relieved from their primary obligation to support the kids even if the grandparents are acting in loco parentis. Under the law, they are still the parties who are primarily liable for the payment of the support and maintenance of the children. The amount of their obligation will depend on several factors and circumstances attendant in their case. For example, the court may take into consideration the sources of the financial income of the mother or father as well as whether the parent has been negligent in the performance of certain duties.
What You Should Do?
If you are a grandparent who has been granted custody over the persons of the children of a divorcing couple, you can sue for child support. The best way to deal with this is to hire the services of the lawyer who can prepare the necessary pleadings or motions that must be timely filed in court. At the same time, the lawyer can assist you in convincing the court that you are entitled for the payment of child support of the children under your custody.