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.
2 Answers from Attorneys
Re: Child Support from Grandmother w/ Joinder
No, but you can go after her for attorney fees. See In re Marriage of Paduano.
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.