Child Support to Third Parties

CHILD S UP P OR T

P lum a s County DCS S v. R odrig ue z

P lum a s County DCS S v. R odrig ue z

Dis s o : 1993 P rima ry c us tody o f s on to M F orde re d to pa y $565 a m onth c h ild s upport S on live d with M until 2005 2005: M a nd F a g re e th a t s on would m ove to M’s

b roth e r’s h om e , until s on fin is h e d h ig h s c h ool

P lum a s County DCS S v. R odrig ue z

After son moves in with uncle, F continues to send payments to M, who forwards the money to her brother.

M also voluntarily sends an additional $165 to her brother.

August, 2006: M stops sending brother voluntary payments.

P lum a s County DCS S v. R odrig ue z

Brother asks the Department of Child Support Serves (DCSS) for help.

DCSS files an action againg M for $576, based on a formula that assumed her brother was the custodial parent.

T/Ct: M was the custodial parent, and had no obligation to pay child support absent a contractual agreement, and brother lacked standing.

DCSS appeals. Your Ruling?

P lum a s County DCS S v. R odrig ue z

Court of Appeal: Affirmed County argued M had a parental duty per

F.C. 3951 to support child that did not end when child stopped living with her.

Court disagrees: M not required to compensate other parent or a relative, for the voluntary support of her child, without an agreement for compensation.

P lum a s County DCS S v. R odrig ue z

Rationale: M had not acknowledged a support obligation and one had not been adjudicated.

Important Lesson: Brother should have sought a written agreement.

N.B.: Compare this case where child support is sought by a foster parent or legal guardian.

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