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  1. #1
    Join Date
    Feb 2011
    Posts
    2

    Default Can the Mom File for Support if the Grandmother Raised the Child

    My question involves child support in the State of: Texas

    I just found out I had a 16yrs old daughter on Jan 2th 2010. The mother of the child gave parental custody for my daughter to her mom when my daughter was 4. Since the day I laid eyes on my beautiful daughter we have been enjoying each other and I 've been take care of all of her financial needs except for medicaid. She stayed and was raised by her grandmother. According to grandmother her mom didnt really contribute to our daughters upbringing and welfare.

    Then in Nov 2010, my daughter got in trouble with her grandmother and she sent her to stay with her mom. Now her mom has filed for Child Support even though she hasnt paid hardly anything for the entire year and wasnt parenting at all for the last 13 yrs until I came in the picture. Also her mom has a totally of 3 kids, my daughter is the oldest, the other two she gave them to foster parents. I've taken a DNA test and also there maybe another guy on the birth certificate, I dont have a copy yet so I'm not sure. Basically this woman is trying to get paid and may believe she is entiteled to back child support. My daughter will be 18 in July and I have a mediation for child support in march. i plan to file for joint or full custody. Money isnt a issue with me but i simply do no want to pay a woman who willfully decided not to raise our child and now she decides she wants to raise her for 5 months before shes 18 in order to get paid. Her own mom says that if we go to court she will testify against her daughter. But I dont want to subject my daughter through that. I have no other kids so I'm new to this and I'm nervous about going to mediation. Are there any tips to get the mediator to see how unfair this is? what can i do to protect my finances?

  2. #2
    Join Date
    Dec 2007
    Posts
    529

    Default Re: Can the Mom File for Support if the Grandmother Raised the Child

    Who have legal custody of your daughter? Mother or grandmother?

    Was she married to the man who sign the birth certificate at the time of birth of your daughter?

    Was the DNA Testing through the courts?

    Is your 18 year daughter planning to go to college? Has she graduated from High School?

  3. #3
    Join Date
    Feb 2011
    Posts
    2

    Default Re: Can the Mom File for Support if the Grandmother Raised the Child

    Her grandmother had her mother sign a guardianship form for school and in order to get medicaid. No her grandomther doesnt have legal custody. No the guy on the certificate is a boyfriend she had when she was 16, she put him on the birth certificate because in her words "he was nice to her ". I voluntarily took the DNA test and yes i plan on getting her into college. She graduates for highschool this may. I didnt know I had a child I found out thru facebook from her cousin.

  4. #4
    Join Date
    Sep 2005
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    Behind a Desk
    Posts
    75,004

    Default Re: Can the Mom File for Support if the Grandmother Raised the Child

    Texas permits an initial order for child support to be retroactive under certain circumstances:
    Quote Quoting Texas Family Code, Sec. 154.131. Retroactive Child Support
    (a) The child support guidelines are intended to guide the court in determining the amount of retroactive child support, if any, to be ordered.

    (b) In ordering retroactive child support, the court shall consider the net resources of the obligor during the relevant time period and whether:
    (1) the mother of the child had made any previous attempts to notify the obligor of his paternity or probable paternity;

    (2) the obligor had knowledge of his paternity or probable paternity;

    (3) the order of retroactive child support will impose an undue financial hardship on the obligor or the obligor's family; and

    (4) the obligor has provided actual support or other necessaries before the filing of the action.
    (c) It is presumed that a court order limiting the amount of retroactive child support to an amount that does not exceed the total amount of support that would have been due for the four years preceding the date the petition seeking support was filed is reasonable and in the best interest of the child.

    (d) The presumption created under this section may be rebutted by evidence that the obligor:
    (1) knew or should have known that the obligor was the father of the child for whom support is sought; and

    (2) sought to avoid the establishment of a support obligation to the child.
    (e) An order under this section limiting the amount of retroactive support does not constitute a variance from the guidelines requiring the court to make specific findings under Section 154.130.
    As you can see, the court will consider the amount of support you have been providing (be prepared to document that support) and a retroactive award will rarely go beyond four years. You may also want to document that mom didn't personally support your child, and thus that even if the court is inclined to award it that an award to mom would be unjustified; I can't promise how receptive the court would be to such an argument.

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