Child Support to Third Parties

CHILD SUPPORT Plumas County DCSS v. Rodriguez

Plumas County DCSS v. Rodriguez Disso: 1993 Primary custody of son to M F ordered to pay $565 a month child support Son lived with M until 2005 2005: M and F agree that son would move to M’s brother’s home, until son finished high school

Disso: 1993

Primary custody of son to M

F ordered to pay $565 a month child support

Son lived with M until 2005

2005: M and F agree that son would move to M’s brother’s home, until son finished high school

Plumas County DCSS v. Rodriguez 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.

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.

Plumas County DCSS v. Rodriguez 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?

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?

Plumas County DCSS v. Rodriguez 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.

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.

Plumas County DCSS v. Rodriguez 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.

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.

THE END

www.Pasadenadivorce.com (626) 683-8113