Just Answer Just Answer

Ask Your Legal Question. Legal Experts Answer You ASAP
(Not a Legal Question?)

Question

Can a grandparent be held to pay child support


Sent to Legal Experts February 21, 2006 9:34 a.m.

(Now I am a divorced father)
My son is 17 he will be 18 in june this year.
Hes girl friend turned 18 in December 2005
They had a child in december 2005.
She wants me to sign some paper work that states that Sean my son ) is the father.
The paper work also state that I may have to pay child support. Now I refuse to sign the paper work I would rather that they do the test to prove Sean is the father by the lag of time Sean should be 18. Now how can the courts hold the gran parents responsible to pay child support.
If the law can how about my X-wife and the mothers parents. This just doesnt seem right.
When she was pregnant her family turned there backs on her and I took her in. I feed her clothed her and took her back and forth to her hospital appointments.
So how can I legally be held responsible for child support. Lashay the mother has told me her parents had her on birth control pills but she stopped taking them because she wanted to get pregnant.



Optional Information:
La Crosse, Wisconsin

Already Tried:
N/A
Customer (name blocked for privacy)
Status: Closed   Value: $15   
Answer
February 21, 2006 10:03 p.m. (12 hours and 29 minutes later)
ACCEPTED Check Mark

From my understanding, Wisconsin enacted a law formally called the "Wisconsin Grandparent Liability Law". This law and its implications are often called "Grandparent Liability". Basically, this law states that after the identity of a minor's child (in this case, your son) is determined by the court, the minor's child (your grandchild) is entitled to equal financial resources from both parents. Since your son is considered a minor and, in the eyes of this law, you are obligated to care for his needs as a minor. Since, under Wisconsin law, one of the needs of a father is to provide support for his children, if he cannot provide such assistance, then it is your responsibility to assist him in fullfilling his needs (obligations). From my understanding, your son's girlfriend is 18, so her parents are no longer obligated to care for her (and hence, her child). However, if the child was born BEFORE she turned 18, then your son's girlfriend's parents would also be equally responsible for support up until the time your son's girlfriend turned 18.

This situation does not seem as bad as it could be. You are required to help pay for expenses (i.e. medical bills) only up to the point when your son turns 18 (after that, he is no longer your dependent). If your son's girlfriend was under 18 at the time of birth, then they to would be retroactively responsible for costs of all events (care, medical expenses) equally until the time she turned of age - at this point, she is responsible for her portion of the child care.

I know this sound's a little confusing, and I would strongly suggest you consult with an attorney before you sign ANYTHING. If there is even the slightest chance that your son is not the father, then, of course, there is little chance of any financial obligations on his (or your) end.

As far as your son's girlfriend being on birth control (or not) - this fact is irrelevant. Not only can birth controal fail, it is assumed that when two people of the age of consent engage in sexual intercourse, they are aware that there is some chance of pregnancy.

Lastly, for your information, this law was passed so that parents of minors would have a stake in preventing their children from having children basically you are repsonsible for your child's sexual actions. Lawmakers hoped that if the parents had an incentive to prevent teenage pregnancy, the teenage birth rate would drop.

If you want to read the complete Grandparent Liability law, you can go to this web address:

http://folio.legis.state.wi.us/cgi-bin/om_isapi.dll?clientID=19776093&infobase=stats.nfo&jump=ch.%2049

The actual law is contained at 49.90 (they are in numberical order).

I hope this helps.
PictureP. Anthony Dietrich  -- Business Owner, Writer -- 100% Positive Feedback on 28 Legal Accepts
ACLU Work Experience, Work Exp. with Major Political Party - Organizer, Law Enforcement Experience
Reply
Sent February 22, 2006 9:36 a.m. (11 hours and 32 minutes later)

This is so stupid there is no way parents can be with there children 24/7 unless these law makers want to pass a bill where as parents get paid to stay home just to do this.
This is an uncostitutional law how can a person be held responsible for anothers actions.
Children have killed there own parents so I guess the parent was responsible then for thier own murders
Customer (name blocked for privacy)

Think you can answer this question?
 Login or  Become an Expert









DISCLAIMER: You acknowledge that any information you may obtain from individuals you contact through use of the Just Answer service comes from those individuals, not from Just Answer!, and that Just Answer is not in any way responsible for any of the information these third parties may supply. The site and services are provided "as is" with no warranty and no representations are made regarding the qualification of an Expert. Responses and comments on Just Answer! are for general information and are not intended to substitute for informed professional advice (such as medical, legal, investment or accounting) and do not establish a professional-client relationship. Just Answer! is not intended or designed to address EMERGENCY QUESTIONS which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service.
   Just Answer! > Legal