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Does my sister have to pay arrearages for her daughters father

Does my sister have to...
Does my sister have to pay arrearages for her daughter's father even though they are not married? The father's parents have legal custody of their daughter but he is receiving disability (ssi) and is excluded from having to pay his share of child support. My sister received notice that she has to pay what he owes and it is thousands of dollars owed. She has two children and this has posed a great hardship on them? She tried to get her daughter back and the grandparents fought it and the courts allowed them to keep her...but they still want my sister to pay child support to now include paying the child support their son owes them. State of Virginia. Advice please.
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11/1/2012
LawTalk
LawTalk, Attorney and Counselor at Law
Category: Family Law
Satisfied Customers: 37,857
Experience: 30 years legal experience. I remain current in Family Law through regular continuing education.
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Good afternoon,

I'm Doug, and I'm very sorry to hear of your sister's situation.

While your sister can be ordered to pay child support, she will only be ordered to pay support based on her income, but she is not legally responsible for the support that the father might be able to pay if he were not disabled.

The fact that one parent may be exempt from paying child support does not mean that the other parent must pay both their share and the other parent's share of support, at least unless they are married and responsible for the marital debts of one another.

You may reply back to me using the Continue the Conversation or Reply to Expert link if you have additional questions; and if you do, I ask that you please keep in mind that I do not know what you may already know or with what you need help, unless you tell me.


Please remember to press the smiley faces/stars on the right of your screen when we are finished with our communication so I will be credited for my time in assisting you.
Kindly remember to ONLY rate my answer when you are fully satisfied. If you feel the need to rate anything less than OK, please stop and contact me with whatever issue or clarification you may need. I will be happy to continue further and assist you until I am able to address your concerns to your satisfaction.

I wish you the best in 2012,

Doug
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Customer reply replied 5 years ago


I need a little more guidance. My sister needs a representative because her license has been revoked. She claims it is because she owes money the money her daughter's father has not paid due to his disability status. She explained that she is all caught up on her child support payments for her daughter. Can you refer her to a good family lawyer near Richmond? Another interesting fact, my sister also has a son by the same man but he does not have to pay child support for his son, which is in my sister's care, because he is disabled. My sister has to pay child support for their daughter because she is in his parents care. So, the daughter is receiving support but not her biological brother...just does not seem fair. Can you help her or refer her to someone who can...or at least provide us with legal regulations to refer to that will support her position. Thank you so much.

Hi Sabrina,

Here is a list of family law attorneys who can help your sister in the Richmond, VA area:

http://lawyers.findlaw.com/lawyer/lawyer_dir/search/jsp/stdSearch_process.jsp?stype=BY_ADDR_OR_ZIP&keyword=family+&location=richmond%2C+VA&target=FIRM&language=Select+a+language&submit=Find+lawyers


The father of your sister's son is not paying child support to anyone---because he is disabled. Any parent has an obligation to pay for child support when their child is cared for by the state, is incarcerated or is in the care of a third party and not cared for by one or both parents. That is simply the law. If you sister were caring for her daughter, she would not have a child support payment to make for the daughter.

I wish you and your family the best in your futures.

You may reply back to me again, using the Reply to Expert link, if you have additional questions.

Until you rate me highly for my service, I will not be credited with helping you. Would you please rate me now, based on my assistance to you in understanding the law.

I wish you the best in 2012,

Doug
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Customer reply replied 5 years ago


My sister is also disabled, she is a disabled veteran receiving monthly compensation, recently granted 100%. His son has the same disability as his father...but is not receiving any support. Only the daughter receives support from my sister. So, if my sister is a disabled veteran (unemployable) and the father receives SSI disability...why does my sister have to pay for a daughter not in her care but the father does not have to pay for a son not in his care.

Quite simply, welfare funded disability (SSI) cannot be used for determining child support. All other types of disability benefits such as VA and social security disability can be used to determine, and garnished for, child support under the federal laws.

You may reply back to me using the Continue the Conversation or Reply to Expert link if you have additional questions; and if you do, I ask that you please keep in mind that I do not know what you may already know or with what you need help, unless you tell me.


Please remember to press the smiley faces/stars on the right of your screen when we are finished with our communication so I will be credited for my time in assisting you.


I wish you the best in 2012,

Doug
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Customer reply replied 5 years ago

Okay, I think I understood you to say that a parent is responsible for paying child support if the child is being cared for by the state, third party, etc. So, if the father is receiving SSI and even though he is an adult...I believe his mother (the grandmother) some how controls the payments, she has total control over all of his business it seems. If she her disabled son has a son and he can't take care of his own son...shouldnt she have to pay. In that case...the child support should cancel each other out. If my sister is paying child support because a third party is taking care of her daughter shouldn't the grandmother of the father have to pay child support to my sister for her grandson since she is in control of her son's disability ssi payments and has control over all of his business??? Just a long shot. I just hate the fact that my nephew is being neglected while they are taking all of my sister's money. Also, I need a yes or no...do you think my sister has a case...it seems you said she does have to pay child support for her daughter under regular circumstances...but the big problem is that someone somewhere is making her pay her daughter's father's arrearages and back child support. I need a clear answer before we pursue...is she responsible for the payments of her daughter's father because he is disabled...they are not married??? Thank you...last question...if your answer is clear. But, thank you so much for your answers so far, they seem to be along the line of what we were hoping to hear.

shouldnt she have to pay Not if he is over the age of 18. That is the law.

If someone is trying to force your sister to pay child support based on what the father should be paying, or should have paid---his arrears---yes, I think she has a case.


is she responsible for the payments of her daughter's father because he is disabled
No, she is not.

Please rate highly now so I may be compensated for helping you over the past 2 hours.

Doug
LawTalk
LawTalk, Attorney and Counselor at Law
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Experience: 30 years legal experience. I remain current in Family Law through regular continuing education.
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