and her mom took care of the kids, now she had her stuff together married and now has her kids with her. Her mom never had legal custody and she never promisted her anything in return, although she is grateful she is not working and can't afford to compensate her for over 10 years. What should she do? She was served with a complaint today and has 30 days to respond with work history and tax return etc...
2006-07-21 05:50:59 · 26 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
THE CRACK HEAD SHOULD PAY WHAT IS OWED TO HER MOTHER FOR TAKING CARE OF HER KIDS .WHILE SHE WAS OUT GETTING HIGH AND LEAVING HER KIDS BEHIND.
2006-07-21 05:55:43 · answer #1 · answered by Anonymous · 1⤊ 0⤋
I hope somewhere along the way your friend gave her mother a sincere thank you for all she did. If not, maybe there is the problem. The mother may be feeling very unappreciated...and rightfully so. Also is the grandmother on a fixed income? She probably had to dip into what should have been her retirement nest egg to raise the kids.
Regardless, ethically and morally, I believe your friend does owe her mother something. Legally, it's probably another matter. I think in gratitude and recognition of the sacrifices her mother has made, she should attempt to offer her something, perhaps in monthly increments. Perhaps she can do something part-time from home and give all (or part) of the earnings to her mother.
I hope she does the right thing.
2006-07-21 05:59:36 · answer #2 · answered by kathy_is_a_nurse 7 · 0⤊ 0⤋
Regardless of whether or not her mom had legal custody, if it can be proven that her mom was financially responsible for her kids then she can sue for support (and very likely win).
Her mom would need tons of physical evidence like receipts and whatnot.
Your friend for sure needs to consult a lawyer. It wouldn't be a bad idea to get some family members on her side and possibly try to talk her mom out of the suit. Maybe offer to set up some type of payment plan or possible work off the debt in another way.
2006-07-21 05:56:39 · answer #3 · answered by Greta Leigh 3 · 0⤊ 0⤋
Didn't know you could do that. I've had legal custody of my sisters kids for 5 yrs and I don't get squat!! Meanwhile, she's hitting the clubs, smoking 3 packs a day, shopping, and I'm bustin my hump to keep her kids fed and in clothes. The only way she'll ever have them live with her again is over my dead body! Anyway, I can relate to some bitterness on the grandmothers side. She deserves something, but I didn't think you could do that without having some legal guardianship or something.
2006-07-21 05:56:55 · answer #4 · answered by Jenintn 5 · 0⤊ 0⤋
Child Support is paid by one of the two legal parnets to the state or the parent or guardian in charge and taking care of the child. I do not think that the Mother has a claim against her for unpaid child support unless the Mother was recieving it and did not support the children. If that is the case than the Mother that took care of the children is due compensation.
2006-07-21 05:54:33 · answer #5 · answered by CrzyCowboy 4 · 0⤊ 0⤋
Wow.. there are some serious family issues going on!!
If she didnt have legal custody, and didnt file for support she gets nothing. You cant get support "after the fact" You cant get support until your court date either. So if you were to have a newborn, a father would not be responsible for support *through court anyway* for financial support until a court orders him to do so.
You cant get back child support when there was no order to begin with.
2006-07-21 05:54:53 · answer #6 · answered by psychstudent 5 · 0⤊ 0⤋
If she cannot afford to compensate her mom, I doubt the court will make her pay. If the mom did not want to support the kids, she could have just let them slip into the system...and I hve a feeling that nothing will come of this after they see your friends income.
2006-07-21 05:53:24 · answer #7 · answered by tiravellian 3 · 0⤊ 0⤋
She can't sue her for back child support unless the daughter was legally required to pay her child support while she took care of the grandkids. She can sue her for money to say "you should have given me money for their care", but that shouldn't hold up in court because the mother took care of her grandkids voluntarily.
If the court never ordered your friend to pay child support, then the mother doesn't have much of a case.
2006-07-21 05:55:03 · answer #8 · answered by Aemilia753 4 · 0⤊ 0⤋
Your friend needs to pay her mother. Her past mistakes are in the past, but she should not expect her mother to raise her children without providing for them. As a mother, you are to provide for your children and your friend failed to do that. Thank God, her mother stepped in and assumed responsibility or these children could have been placed in foster homes and your friend may never have seen her children again. If your friend and her mother can work something out together without going through the courts, it would probably be better, but if your friend cannot understand that she needs to repay her mother for supporting her children while she was on drugs, then the mother has every right to take her to court!
2006-07-21 05:54:31 · answer #9 · answered by rockinout 4 · 0⤊ 0⤋
If her mom had PHYSICAL custody of the kids... it is most likely that she will receive support for the time she had them. Tell her to make sure she explains her financial situation to the judge and he might make the payments really low. Also, the mom should file against the childrens father!
2006-07-21 05:54:23 · answer #10 · answered by sjl6987 3 · 0⤊ 0⤋
A mom wouldn't do that unless there was something else going on. Is your friend refusing to let her mom see the kids? Is the mom peeved at her for something else? Your friend should try to work things out with her mom, or else she may have to come up with those items in court.
2006-07-21 05:54:36 · answer #11 · answered by DMBthatsme 5 · 0⤊ 0⤋