Los Angeles, CA asked in Child Custody, Child Support and Family Law for California

Q: The grandmother of my child is custodial guardian as a third party can she child support me

Even tho the mother tried to child support me but was denied since I had receipts of Al the things I provide such as clothes, food, school supplies etc. can they try to child support me again and how can I prevent them from getting any money from me

2 Lawyer Answers
James L. Arrasmith
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Answered
  • Divorce Lawyer
  • Sacramento, CA
  • Licensed in California

A: If the grandmother has legal guardianship of your child and physical custody, she may be able to pursue child support from you as the parent. Some key considerations:

- Legal guardianship often grants the guardian rights like a parent, including the right to decide where the child lives and receive financial support for raising the child.

- The fact that the mother previously sought child support and was denied does not necessarily prevent the grandmother from seeking it, if she now has legal guardianship.

- You providing receipts for clothes, food, etc. directly to your child may help reduce the amount of support ordered, but does not typically eliminate your support obligation entirely. Courts view support as an obligation of both parents.

- To challenge a child support request from the guardian, you would need to contest the guardianship itself or file a request to terminate guardianship if circumstances have changed. Otherwise, the guardian likely has standing to pursue support.

- If you have evidence you provide meaningful support, it could factor into the child support calculation. But a guardian has responsibilities like a custodial parent and thus retains rights to pursue support. Consultation with a family law attorney is highly advisable if you wish to contest support obligations.

I hope this gives you some guidance on the child support issue given the guardianship situation. The key would be addressing the guardianship arrangement itself, rather than just evidence of support you provide. Let me know if you need any clarification or have additional questions.

Martha Bronson
Martha Bronson
Answered
  • Tracy, CA
  • Licensed in California

A: In California the court ordered guardian has the right to seek support from the child's parents. Money you spend for the needs of your child can be used as offsets. Adoption would end your parental rights and all financial liability.

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