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Who sues deadbeat?

Discussion in 'Child Support' started by wantsnc, Jun 8, 2011.

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  1. wantsnc

    wantsnc Law Topic Starter New Member

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    New York custodial parent and non-custodial parent agree to send 18 yr old daughter to live with non-custodial grandparents in Illinois while she attends college. Custodial parent agrees to pay $368 per month to grandparents. Nothing has been sent and it's been 9 months. Who takes the custodial parent to court...the 18 yr old daughter, the grandparents or the non-custodial parent? nothing is in writing
     
  2. Proserpina

    Proserpina Moderator

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    ...do the poor grandparents understand that without a court-order for child support, the parents have never been obliged to pay?

    The grandparents can file against either or both parents, for a support order. Given that it's NY, they might be able to get support ordered until kiddo is 21.

    The 18 year old has no dog in this fight.
     
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  3. army judge

    army judge Super Moderator

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    OP, if the age of majority wasn't set in the original custody order (for support purposes), it is highly unlikely that it will be raised at this late date to 21. You're grandchild is legally an adult. I'd plan on not receiving another peso from the parental units!

    Now, you could see a different outcome if you go to court, but absent a court order, the parental units' failure to send you one peso should let you know that they won't pay until a judge orders them to do so.

    Your grandchild has no dog in this potential battle.
     
    Last edited: Jun 8, 2011
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  4. Proserpina

    Proserpina Moderator

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    Yes, NY is a bit weird that way.

    Then again...which State isn't a little odd in some way? :)
     
  5. army judge

    army judge Super Moderator

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    States, wierd?

    What about people?

    ;)
     
  6. Proserpina

    Proserpina Moderator

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    People are strange....

    <sings>
     
  7. Zigner

    Zigner Well-Known Member

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    Grandparents can attempt to sue the custodial parents based on their verbal agreement. However, proving such an agreement existed and actually rises to the level of a contract may be problematic.
     
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  8. Zigner

    Zigner Well-Known Member

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    As a further reply to the posts that I *didn't* see - this is not really a matter of "child support" IMO. This is a contractual matter.
     
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