Who Pays Child Support if Grandparents have Custody?December 31, 2024
Child support cases can be complex, especially when grandparents assume custody of a child. In Pennsylvania, child support laws are designed to ensure the financial needs of the child are met, no matter who has custody. When grandparents take on the role of primary caregivers, determining who pays child support becomes a unique but manageable legal matter.
If you’re a grandparent raising a grandchild in Harrisburg or anywhere in Pennsylvania, understanding your rights and the responsibilities of the child’s biological parents is critical.
Do Biological Parents Still Pay Child Support?
Yes, in most cases, the biological parents are still responsible for paying child support, even if the child is in the custody of their grandparents. Pennsylvania law prioritizes the financial obligation of the parents to support their child, regardless of who has custody.
The court typically calculates child support based on the income and financial situations of both parents, using state guidelines. This support is then paid to the custodial grandparents to help cover the child’s expenses.
How is Child Support Calculated in Pennsylvania?
In Pennsylvania, child support is determined using the Income Shares Model, which takes into account:
- The combined income of both parents
- The number of children being supported
- The custody arrangement
Grandparents who have custody can petition the court to establish child support orders for the parents. The court may also consider additional factors, such as extraordinary expenses related to the child’s care, medical needs, or educational costs.
Can Grandparents Be Ordered to Pay Child Support?
While rare, there are circumstances where grandparents could be ordered to pay child support. This typically happens when:
- The grandparents voluntarily petition for custody: In cases where grandparents actively pursue custody and both biological parents are deemed unable or unwilling to pay, the court may evaluate the grandparents’ financial responsibility.
- Grandparents legally adopt the child: If the grandparents adopt the grandchild, they assume full parental responsibility, and the biological parents’ obligation to pay child support is terminated.
However, Pennsylvania courts generally aim to ensure the biological parents fulfill their financial responsibilities first.
What Happens if One or Both Parents Cannot Pay?
If one or both parents are unable to meet their child support obligations due to unemployment, incarceration, or other reasons, the grandparents may need to seek financial assistance through government programs or other support mechanisms. In such cases, the court may also modify the child support order to reflect the paying parent’s current financial circumstances.
How Do Grandparents Petition for Child Support?
If you are a grandparent with custody and need financial support from the child’s parents, here are the steps to take:
- File a Complaint for Child Support: This can be done through your county’s Domestic Relations Section.
- Provide Documentation: Be prepared to show proof of custody, the child’s expenses, and any income information for the biological parents.
- Attend a Conference: Both parents will be summoned to a conference, where the court will review financial information and determine the appropriate child support amount.
Why Work with a Family Law Attorney?
Navigating child support cases can be challenging, especially when grandparents are involved. An experienced family law attorney can:
- Help you file the necessary paperwork
- Advocate for fair financial support from the biological parents
- Represent you in court hearings
- Ensure your grandchild’s needs are met
At Daley Zucker, we’ve helped countless grandparents in Harrisburg and throughout central Pennsylvania secure the financial support they need to care for their grandchildren. We understand the unique challenges grandparents face and are here to guide you every step of the way.
Contact Daley Zucker for Assistance
If you’re a grandparent with custody of a grandchild and have questions about child support, Daley Zucker is here to help. Our experienced family law attorneys in Harrisburg, PA, can provide the guidance and representation you need to navigate the legal process with confidence.
Contact us today to schedule a consultation and take the first step toward securing your grandchild’s future.
