Legal Question in Family Law in California

Child Support from Grandmother w/ Joinder

Can I go after the paternal Grandmother for child support since, she has joinder in my divorce case? I'm not receiving any support from father.


Asked on 2/20/01, 4:04 pm

2 Answers from Attorneys

Matthew Kremer Law Offices of Matthew M. Kremer

Re: Child Support from Grandmother w/ Joinder

No, but you can go after her for attorney fees. See In re Marriage of Paduano.

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Answered on 4/03/01, 4:46 pm
E. Daniel Bors Jr. Attorney & Counselor At Law

Re: Child Support from Grandmother w/ Joinder

Dear Inquirer:

Nothing herein shall create an attorney-client

relationship, unless a written retainer agreement

is executed by the attorney and client. This

communication contains general information only.

Nothing herein shall constitute an attorney-client

communication nor legal advice. There likely are

deadlines and time-limits associated with your

case; you should contact an attorney of your

choice for legal advice specific to your personal

situation, at once.

If you haven't already done so, please visit my

web site at --

http://home.pacbell.net/edbjr/ OR

http://www.CaliforniaDivorceAttorney.com

The site contains quite a bit of gnfornia Family Law, as well

as information about me (education, experience,

et cetera) and my office (location, hours, fees,

policies).

NOW, IN RESPONSE TO YOUR INQUIRY --

Grandchildren do not have support rights against their

grandparents, even if the parents are still

minors. Ca Fam � 3930 states "A parent does not

have the duty to support a child of the parent's

child". See Marriage of Perry (1998), County of

San Diego v. Lamb (1998). A very narrow statutory

exception applies when grandparent visitation is

awarded. Here, the court has discretion to order

the grandparent to pay to the parent visitation-

related "support" costs (transportation, etc.).

Ca Fam �� 3103(g)(2), 3104(i)(2).

Thanks for sharing your interesting inquiry with

us on LawGuru, and good luck with your case.

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Answered on 4/03/01, 5:58 pm


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