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Shouldn't my ex have to pay support for our grandchild?

Anonymous Asked:

I am a 52 year old grandmother raising my grand-daughter since she was born and will be 7 the end of Feb. My husband and I separated 4 years ago and I am the main care giver for this child. Shouldn't my ex husband still have the same legal obligations of support as if it was his own daughter? Before we separated we both agreed to take on this responsibility together to raise her. The child's birth father never sees her but send $220.00/month as support, he only works in a grocery store, so probably cant afford to send more. Please advise again the ex husbands financial responsibility here???

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Andrew J. Kania, LL.B., LL.M.
9 years ago

You have raised a complicated scenario. First, the responsibility of the biological father must be examined. He should be asked to provide financial disclosure, as required. Perhaps he should be paying more. This is a relevant factor in determining any support that may be owed by your husband.

In terms of your husband’s responsibility, I need to know whether there are any documents, such as a Court Order or Separation Agreement, specifying your obligations toward the child. I also need some details about his relationship with the child. If you would kindly call me at 877-668-9386 I will provide you with a free consultation and, once you have answered my questions, I will be able to provide you with a detailed answer.

(The information provided above is general, not legal advice, as circumstances vary from case to case. Thus, if you wish legal advice that you can rely upon for your specific case, please contact Douglas Briand for a free consultation).

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