Child Support

[anichols6]

I recently filled for guardianship of my niece who is 17. Her mother was killed 5 years ago in a car accident. Her biological father (my brother~whom I have not contact with) signed over all parental rights after my sister-in-laws death to the step father. Then the step dad adopted the kids. Now her step father has signed over guardianship to me. Can I get child support from either of them? I don't know if the state has a open case of unpaid child support from my brother or not but 12+ years he did not pay! Now her step dad doesn't either? I am not currently able to afford an attorney to fight for child support but I did the guardianship on my own and did well I might add. She also has a problem with her lastname. Her social security card and check for her mothers death has her maiden name, when she went to get her id they made her put her adopted name, but when I filled for guardianship they made me put both. What is her real name supposed to be and or how do we change it? What should I enroll her in at school and she is applying for jobs what should we do?

 

[irish223]

I recently filled for guardianship of my niece who is 17. Her mother was killed 5 years ago in a car accident. Her biological father (my brother~whom I have not contact with) signed over all parental rights after my sister-in-laws death to the step father. Then the step dad adopted the kids. Now her step father has signed over guardianship to me. Can I get child support from either of them? I don't know if the state has a open case of unpaid child support from my brother or not but 12+ years he did not pay! Now her step dad doesn't either? I am not currently able to afford an attorney to fight for child support but I did the guardianship on my own and did well I might add. She also has a problem with her lastname. Her social security card and check for her mothers death has her maiden name, when she went to get her id they made her put her adopted name, but when I filled for guardianship they made me put both. What is her real name supposed to be and or how do we change it? What should I enroll her in at school and she is applying for jobs what should we do?

Whether or not you can file for child support may depend on your state, but generally a guardian is entitled to support from the parents. If you are receiving the mother's death benefit, then that may offset the child support.

The legal father in this case is the adoptive father. He is no longer her step dad since he adopted her, and your brother no longer has a legal relationship with her.

Any arrears that your brother owes, were owed to the ex-wife. You cannot collect them.

Was her name legally changed when she was adopted? If so, then that's her legal name. It cannot be changed without her father's permission, or until she is of legal age. She can apply for a new social security card at any of their offices, but she'll need the adoption papers showing her name change, or a new birth certificate if one was issued.