divorce

[browna5]

Jurisdiction

Ohio

I and wife of 25yrs are getting divorce and we have legal custody of my grandchild. Am I able to ask for support

 

[army judge]

I and wife of 25yrs are getting divorce and we have legal custody of my grandchild. Am I able to ask for support

Just whom do you believe is responsible for paying you support and why?

 

[browna5]

Just whom do you believe is responsible for paying you support and why?

spouse because we had custody of child since she was18mths, who is now 12 and I can't afford it by myself

 

[adjusterjack]

Interesting question. Bears looking into.

Give us some background.

When you say "legal custody" what do you mean? Is there a court ordered guardianship? Did you adopt the child? Something else?

Why have you had custody all these years?

What happened to the parents of the child?

Why aren't the parents of the child contributing to the support of the child?

 

[browna5]

yes there is court ordered guardianship. Child was in foster care

both parents gave up custody

both were ordered to pay support, one never paid, other stopped paying due to loss of job

 

[adjusterjack]

Please stop hitting the button over and over again. Have a little patience.

 

[adjusterjack]

I found an article that examines the question by reviewing case decisions from many states.

What I come away with is that it is possible that one of you might end up being required to pay child support to the other.

Please read the article.

Are Grandparents Obligated to Pay Child Support?

I cannot say one way or the other what will happen if this gets to court.

 

[Highwayman]

How is the divorce proceeding? Do you both have attorneys?

If so then that would be a question for your attorney.

 

[leslie82]

spouse because we had custody of child since she was18mths, who is now 12 and I can't afford it by myself

Who says you are going to be awarded sole custody? Someone will pay child support and the judge will determine who does that. It might be you.

 

[rodhmax86]

There are official Ohio Child Support Guidelines that the courts use to help determine the correct amount of child support. These guidelines are based on a prorated share for each parent of the combined net income of both parents. These guidelines are followed, unless the parents have agreed to a child support amount on their own, or the court finds these guidelines unjust for a particular case.