Child support and guardians in Mass

[dsp2008]

What is the name of your state (only U.S. law)? Massachusetts

The situation is this:

Guardians have legal custody of two minor children. The guardians are married (to each other). She is currently unemployed. He has good paying job and retirement income.

Mrs. Guardian only has filed for child support from the parents (who, by the way, are trying to regain custody of the children but the guardians are fighting). Mr. Guardian is not included in the filing for child support. I presume he is not included to avoid his substantial income from counting in the financial figurings for support.

My questions are...since Mr. and Mrs. Guardian are married, shouldn't they be filing together? And shouldn't his income be included?

 

[Zigner]

Who are you in the situation?

 

[dsp2008]

I am not really sure it matters who I am. I am the paternal grandparent. The guardians are the maternal grandparents.

 

[nextwife]

What is the name of your state (only U.S. law)? Massachusetts

The situation is this:

Guardians have legal custody of two minor children. The guardians are married (to each other). She is currently unemployed. He has good paying job and retirement income.

Mrs. Guardian only has filed for child support from the parents (who, by the way, are trying to regain custody of the children but the guardians are fighting). Mr. Guardian is not included in the filing for child support. I presume he is not included to avoid his substantial income from counting in the financial figurings for support.

My questions are...since Mr. and Mrs. Guardian are married, shouldn't they be filing together? And shouldn't his income be included?

What do you mean by "ONLY filed for CS from the parents"? Those ARE the people you file to receive CS from!

The guardian's income is irrelevant - they have no legal obligation to financially support the child. That is the responsibility of the child's PARENT"S. In other words, they have no need to include or exclude their incomes, "substantial" or not, when CS is determined. They neither made nor adopted these children, so their income does not count.

 

[Just Blue]

I am not really sure it matters who I am. I am the paternal grandparent. The guardians are the maternal grandparents.

The only people who's income matters is the parents...the guardians income is irrelevant.

 

[TheGeekess]

[/B]

What do you mean by "ONLY filed for CS from the parents"? Those ARE the people you file to receive CS from!

I think OP is trying to say that PGM is the one filing for CS, that PGF is not included in the filing. Poor sentence structure and all that....

dsp2008:
Mrs. Guardian only has filed for child support from the parents (who, by the way, are trying to regain custody of the children but the guardians are fighting). Mr. Guardian is not included in the filing for child support.

Take out the bolded word and it makes more sense.

 

[nextwife]

I think OP is trying to say that PGM is the one filing for CS, that PGF is not included in the filing. Poor sentence structure and all that....



Take out the bolded word and it makes more sense.

No, the poster is clearly asking about why the only income being considered is that of the childrens' parents. And implying that it should make some difference in the CS calculations if the other PGP were including in the filing.

 

[LdiJ]

No, the poster is clearly asking about ONLY why the only income being considered is that of the childrens' parents. And implying that it should make some difference in the CS calculations if the other PGP were including in the filing.

I understood it the way the geekess understood it also. That only the grandma was filing for child support, that grandpa wasn't included and that the OP thought that was to not have grandpa's income included in the calculation.

However, the OP was incorrect on that since neither grandparent's income would be included in the calculation anyway.

 

[Just Blue]

I understood it the way the geekess understood it also. That only the grandma was filing for child support, that grandpa wasn't included and that the OP thought that was to not have grandpa's income included in the calculation.

However, the OP was incorrect on that since neither grandparent's income would be included in the calculation anyway.

However, the OP was incorrect on that, since neither grandparent's income would be included in the calculation anyway.

Commas are wonderful...lol!!

To clarify: In Massachusetts ONLY THE PARENTS OF THE CHILD ARE REQUIRED TO SUPPORT THE CHILD. Therefor the GP's, ALL OF THEM, income is irrelevant to support calculations.

 

[dsp2008]

Right all...though, evidently the guardians' income does not matter in this case. ONLY Mrs. Guardian filed for CS. Mr. Guardian did not even though both are legal guardians. (Sorry about the lack of commas.) I am increasingly become suspicious of every move they make. They just aren't nice people. Just because they have taken (literally) in the grandchildren does not make their motives good or decent.

Mr. & Mrs. Guardian have had the children for two years and only now have filed for CS including back support. Mrs. Parent had been paying an agreed upon amount of $50 per week since Dec 07 and several months later Mrs. Guardian informed her that she had contact DOR and for Mrs. Parent to stop paying!

Mr. & Mrs. Parent have been trying to get custody of the children back for more than a year and Mr. & Mrs. Guardian are fighting it. They go to court in December and hopefully the judge will see that the parents are fit and the guardians have not supported the childrens' relationship with the parents or anyone on the paternal side for that matter.

Thank you all for you replies.