How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 111492
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
10285032
Type Your Family Law Question Here...
Law Educator, Esq. is online now
A new question is answered every 9 seconds

My grand daughter has received a "Motion And Notice of

Customer Question

My grand daughter has received a "Motion And Notice of Hearing on Contempt" for not paying child support. Can I recend the requirement for child support required by her and not the father. Below is a brief summary of the situation. My wife and I have had custody since she was age one, now five years old and well adjusted.
SUMMARY:
I am the custodial grand parent and my grad daughter and the child's father are responsible for child support. The father has been arrested numerous times and to the best of my knowledge is currently under house arrest. My Grand daughter has started a new life and family (with baby) and in a relationship with a dependable working man with Walmart for (8) years as awarehouse manager) and supports her new baby. My grand daughter is also taking care of her disabled Grand Mother who helps with the new baby's food. My grand daughter has made a major turn around in her life and making/maturing into a productive member of society. I currently have a good relationship with my grand daughter and we regularly visit with her. I believe any adverse judgement by the court will be a major set back for her and place yet another burden on society.
Submitted: 1 year ago.
Category: Family Law
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

Unfortunately, when someone other than the parent has custody, BOTH parents are legally liable for child support. The custodians really have no legal choice as to who the state proceeds against for support and the court has to grant support against both parents I am sorry to say.

You can file to withdraw the entire support action and agree to waive support if you like, which would mean against both parents, but the court will not allow a custodian to pick and choose which parent has to pay support when neither parent has custody because the law states clearly that both parents are liable for support.

You can go to court though to withdraw your petition for support or file a waiver of child support in the court and waive rights to child support if you choose, but that means waiving the right against both parents.

Customer: replied 1 year ago.
If I withdraw my petition for support, which I have not received anyway, affect any other assistance I receive such as "Cash Assistance" ? This court ordered "Permanent Custody" was providing minimal 'Cash Assistance" and food, etc. allowance before "Child Support Case was filed and continues to this date. Is that support at jeopardy if I withdraw my petition for child support from the parents?
Customer: replied 1 year ago.
If I withdraw my petition for support, which I have not received anyway, affect any other assistance I receive such as "Cash Assistance" ? This court ordered "Permanent Custody" was providing minimal 'Cash Assistance" and food, etc. allowance before "Child Support Case was filed and continues to this date. Is that support at jeopardy if I withdraw my petition for child support from the parents?
Customer: replied 1 year ago.
The court date is Sept 08, 2015 at 1:00PM. I will have to travel to and from Cheifland Fl (approx 300 miles each way. Do I had options? Such as telephone conference and/or my attendance with her on a conference call?Also, she receives "Medicaid", is that in jeopardy?
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your reply.

Withdrawing your petition could generally affect your other government benefits I am sorry to say. If you have applied for medicaid or welfare assistance for the children, then medicaid or welfare will pursue the mother and father both for payment and you could not stop that. So you are really in a catch 22 type situation regarding getting benefits or getting your daughter to collect.

You can file a motion for telephone appearance in the court and it is up to the court to agree to that or not, but you need to do that this week ASAP or you will have to appear.