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Submitted 335 days ago...

pafamily

pafamily

New User (8)

We are guardians, can we sue for child support?

We have voluntary guardianship of our friends 16 yr old daughter. The father lost custody, for various reasons, in April 2007. Our friend immediately signed a paper that gave us "temporary" guardianship. The child has not heard from her father since Christmas Eve 2007. She hasn't seen her mother since Christmas 2008. Can we sue for support? If we do, can we still claim her on our taxes?

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Answer 1 / 4 - Submitted 335 days ago...

bonlaur

bonlaur

Professor (1,624)

The parents have a financial obligation to support their daughter in most States until the age of 18, 19 if still in high school. The father having lost custody in 2007,should at that time have resulted in court ordered support. Is it possible that support is being paid to the mother? You might want to check with family court on this because it is unusual for support to have not been awarded to the custodial parent. Your having 'temporary guardianship' should entitle you to child support, but it has to be court ordered, and the only problem is with child support being so expensive these days a parent (who has not been disqualified) may elect to keep the child instead of paying. Don't think collecting child support would preclude filing with the child as a dependent.

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Answer 2 / 4 - Submitted 334 days ago...

tomturkey

tomturkey

Brain (8,155)

If you have legal custody or legal guardianship of this girl though the court then yes you have every legal right to file for child support and you can still claim her on your taxes. However if the court did not approve this guardianship or custody then you do not have it legally and you would not be able to file for support or file her on your taxes. you would not legally have to right to have the girl in your home.

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Answer 3 / 4 - Submitted 334 days ago...

pafamily

pafamily

New User (8)

OK, the mother's lawyer drew up the temporary custody forms for us. The judge who awarded the mother custody knew, when she awarded custody, that "mom" was going away to college and the child (who was 13 at the time) was going to stay with us. Mom never went to court for support because A) he was unemployed at the time B) he was trying to get disability (what a joke) C) he had NEVER been current with his support in the past. I know she isn't getting the support checks because even tho' she is over 100 miles away all mail that is from welfare comes to us, she never changed her address with welfare. We do claim her on our taxes, they log it as a "foster child" (we have them done professionally) and we do have legal rights to have her in our home. We have POA for her.

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Answer 4 / 4 - Submitted 295 days ago...

queenworm

queenworm

New User (1)

My son is 15. he has through the courts partial custody with the mother who is 17. the mother lives with her parents. can her father sue my son for child support?

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We are guardians, can we sue for child support?

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