Third-Party Custody in Child Support Cases

Introduction

Child support issues are intricate and multifaceted, particularly when third-party custody comes into play. The standing of third parties to claim child support, the obligation of biological parents to pay, and the allocation of section 7 expenses are key factors that can greatly impact the outcome of these cases.

What is Third-Party Custody?

Third-party custody is a concept that arises in situations where both parents are unable or unwilling to hold custody of a child. There can be a multitude of reasons that lead to such circumstances such as death, mental health issues, substance abuse, disability, or involvement of child protection authorities. Sometimes, even the children themselves apply for support against their parents whilst in the custody of other family members.

For the scope of this discussion, we will focus on cases where children are removed from the care of their parents and placed in the care of third parties to whom they are related, usually grandparents, aunts, or uncles. This is a common scenario, but each case presents its own unique set of challenges and legal considerations.

The Role and Responsibilities of Biological Parents in Third-Party Custody

In third-party custody cases, both parents are typically obligated to pay child support to the third party. This obligation is determined by their respective incomes, as per the Federal Child Support Guidelines. This rule is based on the principle that parents have a primary responsibility to support their children, even if they are not in their custody.

However, it's important to note that biological parents are not the only persons obligated to financially support a child. Third parties who stand in the place of a parent to a child also risk becoming liable to pay child support should the court subsequently change custody arrangements or if relations between the third party and the child deteriorate.

Allocating Section 7 Expenses in Third-Party Custody Cases

The allocation of section 7 expenses can be a complex task, particularly when a third party has custody or when there are more than two people obligated to support a child. Section 7 expenses refer to the child’s special or extraordinary expenses, which include but are not limited to, childcare expenses, medical expenses, and expenses for post-secondary education.

There is no one-size-fits-all approach to this, and different courts have used various methods of apportionment. These methods include mathematical apportionment, proportional distribution based on total income, and allocation based on each contributor's role in the child's life, among others. In several cases, custodial third parties have been required to contribute to the child’s section 7 expenses, highlighting the shared responsibility in providing for a child's needs.

Conclusion

It's essential to know that both parents are typically obligated to pay child support in third-party custody cases, and that third parties can also become liable to pay child support. The allocation of section 7 expenses can be complex, with various methods of apportionment possible.

Legal professionals can provide valuable guidance in navigating these complexities, ensuring that the best interests of the child are always prioritized.

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