can child support be enforced

[brdybnch6]

Children were taken away in '95. There was never any support ordered. Grandparents have legal custody of children. The grandparents really do not care one way or another about support. Grandparents make at least 4 x's what I make. I am on welfare and not even making minimum wages. Grandparents moved to another county. That county took it upon themselves to order support.

Can they legally do that?

 

[lcollins]

Yes they can. Whether the grandparents want it or not. They are your children and you are responsible for them whether they live with you or not. How does the father fit into any of this, if at all. He could also be ordered to pay support for the children.

 

[brdybnch6]

Here are a few things I found on the internet.

Each parent is supposed to pay for child support according to his or her ability and "circumstances and station in life". A parent with the higher standard of living has the obligation to ensure his or her children share in that lifestyle. A non-custodial parent cannot be forced to pay child support beyond his or her means simply to match the custodial parent's new "station in life" (as where custodial parent remarries into wealthier social position).

An order for child support can be changed or modified any time there is a "material change in circumstances" from the time that the existing child support was issued. A material change in circumstances can take many forms. The changes can be the result of changes in the parent's financial situation - such as appreciable difference in the amount of income earned, loss of a job, a large inheritance, or a change in the amount of time spent with the child. The material change in circumstance can be the result of a new situation for the child - such as large medical expenses, need for special education, or other unexpected requirements. A child support payment could be modified by stipulation between the parents ( as long as guideline support factors have been accounted for) or by a noticed court hearing.
-------
There was no material change in circumstances and as far as Item number 1, it is self explanatory--a non-custodial parent cannot be forced to pay child support beyond his or her means simply to match the custodial parent's new "station in life"

So taking all this into consideration can they go and order support just because they moved.

 

[melissae]

If the county is trying to get support out of you that means the grandparents have filed for some sort of aide in regard to your children. Yes that county can do that. They are your kids and even if you no longer have custody you still have an obligation to support them until they reach the age limits or conditions set forth by your state. The grandparents may not care whether you pay them or not, the state government does. It is the states responsibility to ensure that parents pay for children instead of letting them get by with having children and making the tax payers foot the bill.

 

[brdybnch6]

I understand the reasoning behind the suppot. My problem is this first of all they were receiving assistance before they ever moved. In fact they have been receiving assistance the entire time they have had the kids. They have a brand new 2 story house, brand new vehicles, a fairly new trailer. Simply because they are court appointed guardians they are entitled to assistance.

I make maybe $150.00 per week have an 8 month old I am raising, have a house which technically if the board of health came in here--they would probably condemn it, and I still do not qualify for assistance

There was no changes in their financial situation but yet I am being told that I owe them. The courts have went in and changed an existing court order. Even though nothing has changed except for the fact that they moved.

 

[melissae]

Then you have been lucky that the county they were in before didn't attempt to get payment out of you. This new county is doing what it is supposed to, collect for monies the state has paid out on behalf of your children. To quote you earlier you said "grandparents do not care one way or the other about support". If they do not care why are they receiving assistance? Evidently they do in fact care or else they would not have applied for it.

Also, on the earnings you say you make why are you not eligible for aide? The amount you gave plus the fact that you have a child at home should surely qualify you for something. Where are all of these childrens father or fathers? Has an attempt been made to get them to pay support to the grandparents or the state?

I know your situation is bad and you aren't getting the answers you want to hear but its law not logic. Like the old saying goes... You can't get blood from a turnip.