Child Support for Legal Guardians

In many cases, legal guardians raise children instead of parents. Legal guardians may be grandparents, aunts and uncles, older siblings, cousins, or other friends or relatives. When these individuals assume legal guardianship and raise a child, they will have to provide for the child.

Luckily, a legal guardian may be able to fight for child support from the child’s biological parents. Usually, the guardian will need to make an effort to collect support from both parents if possible as per court orders.

Making a Child Support Claim

Child support is a right granted to children, not to the individuals who raise them. This is why the amount of a child support payment does not depend on how much money the custodial parent or guardian earns.

For a legal guardian to make a claim, he or she will need to ensure:

• He or she has taken the steps to be legally identified as the child’s guardian
• The child’s paternity has been identified
• Both parents are out of prison

Individuals who are in prison may be able to avoid child support payments since they can claim that they have no income. Additionally, knowing the child’s paternity allows the legal guardian seek child support from both parents instead of just from the mother.

Contact Us

Legal guardians may be able to fight for child support just like custodial parents can. For more information about seeking child support, please contact the Austin child support lawyers of Slater & Kennon, LLP, at 512-472-2431.