Child Support Obligations of Grandparents
Under the law, the grandmother or grandfather do not have any obligations for child support the parents of the child in question gets a divorce.
Parents have several obligations and duties to their children. They are supposed to raise them in a loving and friendly environment. They must set a good example to their sons and daughters so that the latter may grow up as responsible persons. Aside from this, they also have the duty to pay for the support and maintenance of their sons and daughters. There is no controversy as to these obligations when both the mother and father are in a happy marriage. The problem only comes in when they decide to go on separate ways and end the marital union.
The next question that must be asked when parents choose to get divorce or annulment is: Who will be responsible for the child support? As a general rule, both the parents' obligation to provide support is not extinguished upon the issuance of the final decree of divorce or annulment. In fact, the court even sees to it that this liability is strengthened to protect the best interest of the children involved. However, there are other instances when the duty to pay for the children's expenses and fees is imposed to the grandparents.
It must be noted that under the law, the grandmother or grandfather does not really have an obligation for child support. The duty arises only when the grandparent acts in locus parentis to his or her grandchildren. It means that he or she is made liable only when it is shown that he or she has custody over the children.
Nevertheless, it must be emphasized that the said obligation is only secondary. Even if the grandparents are obligated to pay for the child support, the parents of the children are still the parties who are primarily liable. Under the law, the parents cannot pass the obligation to the grandparents of their sons and daughters.
When it comes to these cases, the court will look into the financial capacity of the parents or grandparents. The amount of their support will be based on their annual income. At the same time, the child support guidelines will also be taken into consideration to ensure that the rights of the children are always protected and promoted.
If you are still confused regarding this subject matter, you can always get in touch with a good divorce lawyer. Before setting an appointment with your chosen attorney, make sure that you already have a list of questions that you want to ask so you will not miss any important detail.
References: Child Support Guidelines
Child Support Articles & Frequent Questions
Three Simple Steps
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