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Child Support with Mental Disabiliy

Started by patton, Mar 23, 2004, 12:56:35 PM

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patton

Child support and medical support was denied by the Attorney General's Office because NCP parent has a mental disability and is drawing   SDI (State Disability Insurance) from the State of Texas.  Also this same parent was charged with Child Endangerment last year.

Grandparents have temporary possessory conservatorship (NCP) and visitation through Bextar County Texas court system.  Also the court order states they are to pay child support and medical of which I've never received a penny. It does not state an amount.

1). Will anyone ever have to pay child support or medical support on this child?

2). Will grandparents just continue to have temporary visitation indefinately?

3) Can I asked the the court or the Attorney General to have the grandparents pay the child support, since the court order states they are the possessory conservators?

4) Has there ever been a case where the mother has a mental illness and is on state disibiity and the grandparents were given temporary possessory conservatorship and were made to pay Child support?


Thanks,

patton

Child support and medical support was denied by the Attorney General's Office because NCP parent has a mental disability and is drawing   SDI (State Disability Insurance) from the State of Texas.  Also this same parent was charged with Child Endangerment last year.

Grandparents have temporary possessory conservatorship (NCP) and visitation through Bextar County Texas court system.  Also the court order states they are to pay child support and medical of which I've never received a penny. It does not state an amount.

1). Will anyone ever have to pay child support or medical support on this child?

2). Will grandparents just continue to have temporary visitation indefinately?

3) Can I asked the the court or the Attorney General to have the grandparents pay the child support, since the court order states they are the possessory conservators?

4) Has there ever been a case where the mother has a mental illness and is on state disibiity and the grandparents were given temporary possessory conservatorship and were made to pay Child support?


Thanks,

socrateaser

>1). Will anyone ever have to pay child support or medical
>support on this child?

Your facts state that "they" must pay child support. If you mean that the grandparents are court ordered to pay support, then you need to move for an order against grandparents based on guideline support.

If you believe that the parent is capable of paying support, then you should appeal the AG's decision to a court and provide evidence to prove the parent's earning capacity (availability of work in the parent's locale, comensurate with the parent's talent and abilities).

>2). Will grandparents just continue to have temporary
>visitation indefinately?

Unless you move for a custody hearing/judgment or a set aside of the temporary order, then yes.

>
>3) Can I asked the the court or the Attorney General to have
>the grandparents pay the child support, since the court order
>states they are the possessory conservators?

You already stated that "they" are ordered to pay support. If this is not the case, then no, I can think of no legal statute or theory upon which the grandparents can be forced to pay support.

>
>4) Has there ever been a case where the mother has a mental
>illness and is on state disibiity and the grandparents were
>given temporary possessory conservatorship and were made to
>pay Child support?

Not to my knowledge. The grandparents have a legal duty to support "their" child, i.e., the your child's mother, but not your child.

Your best move is to try to prove that the mother is voluntarily unemployed, even though capable of working.