My ex has custody of our 16 year old daughter. My daughter just got pregnant. She plans to live with my ex and raise the grandchild, without getting married. I pay child support and alimony. Will I have any financial responsibility at all for the grandchild? Could child support be affected?
You have no financial responsibility for the grandchild. The child’s FATHER is responsible. Yes…there probably isn’t any money there, but you are not legally liable for any support payments in that respect.
The mother and father of a child are primarily liable to support their child. Parents of a minor, unemacipated child who is the parent of a child shall share this primary liability for their grandchild’s support with the minor parent, the court determining the property share, until the minor parent reaches 18, or becomes emancipated. If both parents of the child requiring support (your grandchild) are unemancipated minors at the time of the child’s conception, both of the minor parents’ parents share financial responsibility for the support of their grandchild until both parents reach 18 or become emancipated. If only one parent of the child is under 18 or unemancipated at the time of the child’s conception, the parents of both parents are liable for any arrearages in child support owed by the adult or emancipated parent until the other parent reaches 18 or becomes emancipated.
OK, let me be more specific, because I am still not sure about the financial responsibility. The dad-to-be, my daughter’s boyfriend, is 20 years old. That means my daughter was 16 and three months old when she got pregnant. Who has the financial responsibility for the child?
This would include the medical bills for the pregnancy and delivery in addition to the years beyond.
Secondarily, should I press charges against the boyfriend, since having sex with a 15 year old would be a felony? (It is likely that they were)
The child’s father, being a legal adult, would be responsible for child support. I think that it could be requested that he pay partially for the medical bills, but I believe that in reality, those would be the responsibility of you and your ex. I believe that the child support would be figured on his salary along with yours and your ex’s. Possibly the best thing to do with this is to come up with an amount $50 a week, or whatever is reasonable, that he will begin paying once the child is born. I do not think that your child support would be affected unless your daughter does not intend to finish high school. Child support is to be paid until age 18 or after age 18 until the child graduates from high school, providing they are making sufficient progress towards that goal.
You posted that your daughter is not planning to marry the child’s father, but is it assumed that he will still be involved in the child’s life? There may not be a need to file for child support if the father is going to be involved and responsible…
As far as pressing charges…since your daughter was over 16 at the time that she became pregnant you would have to show that there was activity going on prior to her reaching the age of consent…
Just my opinion, but in looking at this objectively, having your grandchild’s father listed as a sexual offender/sexual predator of a minor will accomplish little. Since your daughter was not likely forced into a sexual relationship, this would probably only alienate her from you…
Though I understand the desire to make sure the father is held accountable for his actions as an adult, it’s simply a fact of the deed is done, so to speak, and it would be in everyone’s best interest to make the best of the situation as it is now, instead of focusing on what could have prevented this. You could best serve your daughter by making sure that the father does provide for the child being there to support her.