Typically, the parent of the child is responsible for paying child support but in some circumstances, that can vary. In some cases, grandparents can even be sued for not following a court order to pay child support. 

Once a grandparent has accepted custody of their grandchild, they become “in loco parentis” and can be ordered to pay child support in some jurisdictions. In loco parentis means “in the place of a parent” in Latin. For example, say that a couple is granted custody of their grandchild but later divorce. One of the grandparents may be required to pay support to the other grandparent when they have acted as the child’s parents to the grandchild.

The court always bases decisions off of the child’s best interests. If it is found that the grandparents’ having custody is in the best interest, they will have full parental rights. If custody of the child is not needed, then the grandparents may seek grandparent visitation rights. 

The establishment of the Texas State Disbursement Unit (SDU) is mandated by federal law under the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PROWA) and requires states to establish a central location for processing child support payments.

The Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PROWA) gives states the option to require grandparents to be held liable for child support if the custodial parent is a minor and receives government assistance. For instance, one minor parent has custody of the child and receives government assistance, and the other parent is ordered to pay child support but simply does not have the money. The grandparents, the parents of the minor that can’t make payments, can then be held responsible for the child support payments.

Currently, not all states have laws requiring grandparents to pay child support. The sates, as of now, that do follow PROWA nclude Arizona, Idaho, Illinois, Maryland, Missouri, New Hampshire, North Carolina, Ohio, Rhode Island, South Carolina, South Dakota, Wisconsin, and Wyoming.

Additionally, states like Maryland and North Carolina extend the responsibility for child support to the parents of the custodial parent as well as the parents of the noncustodial parent.

If you have more questions regarding a grandparent’s responsibility for child support payments, the attorneys at our firm are prepared to assist you. Please contact our office to schedule a free consultation.