Can my Daughter who is 18 sue the parents of the Father of her child for child support?
Full Question:
My daughter is 18 and has a child with her 17 yr old boyfriend. They split up and decided to go there seperate ways how would she go about getting joint custody of her baby? do she have to file against the father or his parents being he is still minor?
01/26/2017 |
Category: Minors ยป Support |
State: California |
#31044
Answer:
Minor parents have the same responsibility as adults when it comes to child support. The Court might consider the financial contribution of the minor's parents to the support of the child in determining the amount of child support. The Court can also re-determine the amount of child support amount when the minor completes high school and gets a job. The Court could even order that the minor get a part time job.
Courts can consider the minor's ability to earn money while in school, the parents financials, and things like where the minor is living.
Concerning the bigger question of whether the parents of the minor (grandparents of the child) can be obligated to also pay child support as long as their child is a minor.
State laws vary, but generally the grandparents do not have to pay child support for their grandchildren unless they have assumed the role of the parent, specifically, "If a grandparent voluntarily assumes the role of a parent, or establishes an in loco parentis relationship, the grandparent may have the duty to support the grandchild."
However, this is not true in every state. In fact, there are at least thirteen states which have created statutes which provide for some type of grandparent liability for child support, although some support may only be required if the parents are minors and the custodial parent is receiving public assistance.
However, this is not true in every state. In fact, there are at least thirteen states which have created statutes which provide for some type of grandparent liability for child support, although some support may only be required if the parents are minors and the custodial parent is receiving public assistance.
Reference: https://www.myattorneyhome.com/questions/can-a-minor-be-forced-to-pay-child-support
Also the Welfare Reform Act could affect the situation if it applies.
Reference: http://advocatesforadolescentmothers.com/article/teen-parents-reauthorization-welfare-reform/
A good article on the subject is available at the link below.
See https://www.rosen.com/childsupport/csupportarticles/child-support-obligations-of-grandparents/