Asked 1/7/2011
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Can I get child support for my nephew when I am NOT the legal guardian? My teenage nephew, the son of my late sister, lives with me and has been since the death of his mother. No legal proceedings have taken place so no one has legal guardianship over my nephew. After his mother died my nephew moved in with me "temporarily" (for the summer) until his father got himself together but his father didn't and subsequently my nephew is here with me. The father stopped paying child support the month my sister died and although I have asked him to resume, he refuses saying he "doesn't have to" because I am not the legal guardian. I welcome the gift of my nephew but I cannot afford to take care of him even with the Social Security I receive on his behalf. I need the child support but I cannot afford to pay attorney fees to gain legal guardianship over my nephew. What do I need to do in order to be able to collect the child support he is supposed to be paying my late sister WITHOUT having to go through the legal guardianship proceedings. Is the father no longer responsible to pay child support because of the death of the mother? I have taken on the day-to-day responsibilities and care of my nephew who has a learning disability and is in special classes at school. I need the child support to provide for the many things a teenager needs (food, clothing, education, outings, haircuts, etc.). Please help me. Child support services who ordered child support payments cannot help me because I am not the legal guardian. |
Answer 1/4 - Submitted 1/7/2011
There is no other way to get child support other than going into court and getting guardianship. The father is most certainly still supposed to be paying child support but without a court order then there is no way to enforce that. If you can't afford an attorney you may want to see if you qualify for Legal Aid. You can go to their website at www.lrs.gov and look up the office nearest you. Give them a call and if you are not eligible for their services many times they can refer you to an agency that can.
I wish the very best to you and your nephew. He is so very lucky to have a wonderful and caring Aunt like you who was willing to step up and make sure that he has the best of care after the death of your sister.
Answer 2/4 - Submitted 1/7/2011
Hi, Pit1234, and welcome to WebAnswers.
You should petition the local court for custody of the child, and that can be done without the need for an attorney, as the forms and instructions you need are available online for your state. You will need to have custody in order to enforce child support. It appears unlikely that the father would contest such a petition, and, if he did, the court would likely laugh him out of the courthouse.
As for the father, his requirement to pay child support did NOT end when his ex died. You should also file a petition for contempt to insure that he pays back child support.
I hope this helps you. Best wishes for you and your nephew. Thank you for choosing WebAnswers as your sourceā¢.
Answer 3/4 - Submitted 1/11/2011
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