Grandparent Child Support

[pjn9656]

I am from New York. I had a daughter with a woman whom i did not marry. Myself and my daugters mother both married to other people. My daughter passed away leaving two children. One of the children the father is known and pays child support. The other child the father is not known. Both sets of grandparents filed for joint custody of the child with the unknown father. The court granted joint custody for both sets of grandparents. I take both children each weekend and pay 80.00 a week because I wanted to help the other grandparents. The other grandparents feel this is not enough and want to go to court for child support. Am i responsible for child support.

 

[Zigner]

I am from New York. I had a daughter with a woman whom i did not marry. Myself and my daugters mother both married to other people. My daughter passed away leaving two children. One of the children the father is known and pays child support. The other child the father is not known. Both sets of grandparents filed for joint custody of the child with the unknown father. The court granted joint custody for both sets of grandparents. I take both children each weekend and pay 80.00 a week because I wanted to help the other grandparents. The other grandparents feel this is not enough and want to go to court for child support. Am i responsible for child support.

Frankly, you should consult with an attorney about this matter. It is a fairly uncommon situation and beyond the scope of this forum.

Kudos to you both on stepping up for the child.

 

[pjn9656]

Thanks for your reply.

 

[Just Blue]

I am from New York. I had a daughter with a woman whom i did not marry. Myself and my daugters mother both married to other people. My daughter passed away leaving two children. One of the children the father is known and pays child support. The other child the father is not known. Both sets of grandparents filed for joint custody of the child with the unknown father. The court granted joint custody for both sets of grandparents. I take both children each weekend and pay 80.00 a week because I wanted to help the other grandparents. The other grandparents feel this is not enough and want to go to court for child support. Am i responsible for child support.

I'm very sorry for the loss of your daughter....

Is the child receiving SS death benefits?

 

[LdiJ]

I am from New York. I had a daughter with a woman whom i did not marry. Myself and my daugters mother both married to other people. My daughter passed away leaving two children. One of the children the father is known and pays child support. The other child the father is not known. Both sets of grandparents filed for joint custody of the child with the unknown father. The court granted joint custody for both sets of grandparents. I take both children each weekend and pay 80.00 a week because I wanted to help the other grandparents. The other grandparents feel this is not enough and want to go to court for child support. Am i responsible for child support.

Is anyone collecting Social Security benefits for the child? If so, how much is the child getting and who is the rep payee?
Also, if the child's father is unknown, how can the child have two sets of grandparents? The unknown father's parents would also be unknown.

 

[pjn9656]

I do not think so this information is kept hidden if so. My daughter passed away at the age of 20.

 

[LdiJ]

I do not think so this information is kept hidden if so. My daughter passed away at the age of 20.

If she was only 20 then its unlikely she had enough credits for there to be any benefits.

 

[pjn9656]

Is anyone collecting Social Security benefits for the child? If so, how much is the child getting and who is the rep payee?
Also, if the child's father is unknown, how can the child have two sets of grandparents? The unknown father's parents would also be unknown.

No SS as far as I know. I was not married to my daughters mother. We both then married seperate people. I am the grandparent, my wife the step grandparent and her mother is the grandparent and her husband the step grandparent.

 

[Just Blue]

I do not think so this information is kept hidden if so. My daughter passed away at the age of 20.

IMO as you and the other GP's both have custody and are taking a parental role with this child I think it likely CS could be ordered. You absolutely do want to consult with an attorney.

Here's the NY child support calculator so you can "run the numbers".
https://www1.nyc.gov/site/hra/help/child-support-calculator.page

 

[pjn9656]

Given this was a voluntary action once my daughter passed, can we petition the court to remove us as joint custody and possibly just have visitation and provide for the kids the way we see fit?

 

[Zigner]

Again, you NEED an attorney. Really.

 

[LdiJ]

Given this was a voluntary action once my daughter passed, can we petition the court to remove us as joint custody and possibly just have visitation and provide for the kids the way we see fit?

Again, because this is an uncommon situation you really do need to at least consult a local attorney. It really is not the norm for grandparents to pay child support for their grandchildren and therefore the only reason why its not a black and white answer is due to the joint custody. A local attorney will be able to tell you if its a possibility at all.

 

[justalayman]

IMO as you and the other GP's both have custody and are taking a parental role with this child I think it likely CS could be ordered. You absolutely do want to consult with an attorney.

Here's the NY child support calculator so you can "run the numbers".
https://www1.nyc.gov/site/hra/help/child-support-calculator.page

The reason parents are ordered to pay support is they created or were legal parents to the child. I cannot see either party paying support to anybody unless they adopted the child and became a legal parent and no longer had custody of the child. Custody in the situstion at hand is based on guardianship rather than parentage.


But I absolutely agree the op needs to consult with an attorney

 

[Ohiogal]

Given this was a voluntary action once my daughter passed, can we petition the court to remove us as joint custody and possibly just have visitation and provide for the kids the way we see fit?

Child support is only owed by the parents. Unless you adopted the child, you would not be court ordered to pay child support. And the child needs custodians.

 

[Litigator22]

I am from New York. I had a daughter with a woman whom i did not marry. Myself and my daugters mother both married to other people. My daughter passed away leaving two children. One of the children the father is known and pays child support. The other child the father is not known. Both sets of grandparents filed for joint custody of the child with the unknown father. The court granted joint custody for both sets of grandparents. I take both children each weekend and pay 80.00 a week because I wanted to help the other grandparents. The other grandparents feel this is not enough and want to go to court for child support. Am i responsible for child support.

Ohiogal has supplied the correct answer to your question. Which is elementary family law and certainly not beyond the scope of this forum.

But perhaps you could clarify this business of the court "awarding to both sets of grandparents joint custody of the child of the deceased daughter whose father is unknown."

It would appear that if the father of this child is not known, then the only known grandparents would be the deceased daughter's parents. Which would be you - the biological father - and her birth mother (if living) - making one set.

So, who are you contesting? Who comprises the other "set" of "grandparents"? Who are the persons you are "helping" with the $80.00 per week and are making the ridiculous, unsupportable and hollow threats to stick you with court ordered "grandchild" support?!