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
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.
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.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.