Grandparents Can Receive Child Support
Grandparents can receive child support; however, an Administrative Law Judge cannot make both parents pay child support to a grandparent when the mother was the party initiating the child support action. See Department of Revenue v. Selles, 35 Fla. L. Weekly D2474d (Fla. 1st DCA Nov. 10, 2010).
In Selles, the Department of Revenue initiated a child support enforcement action on behalf of an unmarried mother to recover child support from the father. However, an Administrative Law Judge entered a support order that required both parents to pay child support to the child’s grandmother, who had been taking care of the child.
The Department of Revenue appealed, contending that (1) the Administrative Law Judge lacked jurisdiction to make the mother pay child support or to (2) order that the parties pay support to the child’s grandmother. The Selles court reversed, in part, and concluded:
Section 409.2563 differentiates between “the parent from whom support is being sought” and “the parent from whom support is not being sought.” The statute requires DOR to calculate the child support obligation only of “the parent from whom support is being sought.”
However, the Selles court went on to say that the Administrative Law Judge had the authority to redirect support from the father to the grandmother, and, that the father had the ability to bring a support action to require the mother to contribute to the support of the child.
To read the Selles opinion, click here.
Although the Selles opinion is a bit confusing, it is another example of how Florida law allows grandparents rights with respect to their “re-assuming” the role of a parent.
The West Palm Beach Divorce Lawyers of Nugent & Zborowski are experienced child support attorneys and grandparents’ rights attorneys. For more information, call 561.844.1200 or click here and speak to an attorney with the Law Offices of Nugent & Zborowski.
The attorneys of Nugent & Zborowski exclusively handle Divorce & Family Law matters in and around West Palm Beach and Palm Beach County, Florida, and also handle divorce, paternity and modification of alimony and child support cases in the vicinity of Palm Beach, North Palm Beach, Palm Beach Gardens, Lake Worth, Stuart, Royal Palm Beach and Jupiter. For more information or to schedule a consultation call (561) 844-1200 or visit the firm’s website, www.nugentlawfirm.com.