Legal Question in Family Law in Massachusetts
child support
My grandson(age 14)has lived with me for the past 4 years. He is paid Social Security death benefits because his mother (my daughter)died of lung cancer. The father,who was never married to my daughter feels he should only pay a small amount of support because of the SS that my grandson collects. The father makes well over $100,000 a year and we live off my small SS, my part time job, and my grandson's SS. Before my daughter died, the court made him pay, but now it is only what he feels like paying. My question is: When deciding child support amounts to be paid by the father, does the court take into account the death benefit the child collects? The father went to court (the day after my daugher died)to stop child support payments. He said he is not paying me to take care of his kid, and he has a mind to take him to live with him. I don't know if I should get a lawyer to get more money from him or to just get another job and try to get along with what we have.
3 Answers from Attorneys
Re: child support
Retain an attorney to insure the father is paying his fair share of the child's support. It is your grandson's right to receive it. Before a judge would transfer custody to the father he would have to explain why he has not requested it for four years and only when asked to provide child support.
Re: child support
Your grandson is entitled to child support based on his father's income, although a judge might adjust it for the SS received. He might not need the SS if the father pays enough. The problem is what your legal relationship is to the child. A grandparent has limited legal power; a guardian would be best, and the father might try to get custody, but might have a problem. You really need to discuss this at length with a lawyer who does these child custody/support cases and stop letting this jerk of a father get away with intimidating you.
What happened at the hearing to stop child support? The judge should have tossed him out of court.
Re: child support
Child support is for the best interest of the child. The court may adjust the child support because of the social security and/or they may take the child off and supplement with the person responsible for paying support "the father."
Do not let the father intimidate you. He has a responsibility to pay child support.
What happened at the last court hearing for child support? I am assuming you retain legal guardianship since your grandchild receives his SS checks at your residents? Also, the child is now 14 years old and the father after 4-years threatens to take custody? He is a real beauty of a man for sure!
Please consider discussing this with a family law attorney.
Feel free to email me at [email protected] with any further questions you may have or, I can be contacted by telephone which you will find under my profile.
Sincerely, Maria Murber
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