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Child Support paid to legal guardian?

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A

ashadmom

Guest
What is the name of your state? Oregon

My parents are and have been the permanent legal guardians of my 15 year old niece for the past 7 years. In the beginning, my parents never asked for any monetary support for their granddaughter. I suppose that they were pretty naive in thinking that her father and mother would help out when necessary (school clothes, health care, braces, etc.) The reason why they have been her guardians is that her parents divorced, and neither one of them really wanted her. Her mother and father have never provided one cent for her. My parents' attorney told them that if they fought for support, then they would just end up having to send her back to either her mother or father, because the courts did not award them guardianship because of abuse or neglect. Is this true, or can they sue for 7 years of non-support, or even, can the child sue her parents for non-support?
 


C

cibyr

Guest
I am sorry that Idon't know the answer about if your parents tryto sue for child support, child returns to her parents, if it is true it isunfair. Best bet is really to contact an attorney in fact contact three or four attorneys for different opinions.
Also, why don't they check into Social Security benefits...if if they are on retirement disablity checks theyMIGHT be able to get benefits for child since she is in their custody.

I mean if your parents are receiving social security benefits right now for their retirement, they can get benefits for the child too..My friend as a grandpa did that way.
If they donot get SS checks at all, talk to an attorney.

Hmm....child is now 15years old? I believe she has the voice of choosing who she wants to live with? Ask other attorneys too for their opinions. Check into social security using parent's names, I agree that parents should pay child support but child is better off with grandparents.
 
Last edited:

nextwife

Senior Member
They have LEGAL guardianship??????

Maybe, if not, they should first just establish legal guardianship? Tell the parents they need it for insurance and emergancies(which they really do).

Once they have that, THEN they can go for the CS.
 

BL

Senior Member
I don't see where it makes a difference WHY a Party has Guardianship .

The couple would have had to sign the Guardianship over and with the Courts order .

Now , I think what the Lawyer was refereeing to , is that If a Petition for support were to be filed,the child's parent(s), would file to revoke guardianship and have the child returned to them instead of having to pay child support.

There was no allegation of child neglect or abuse as the reason for Petitioning of an award of Guardianship , by your post anyways.

Because of that it would be easier for the Child's parent(s) to have the order revoked . Unless the present Guardians have good reason to appose it.

It seems there would be a question at least ,because of all the yrs., if the child's parents are now capable of raising there child .

Child support awards are made from the date of filing the petition, if granted .
 

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