This statute provides as follows: (a) Types of procedures required: In order to satisfy section 654(20)(A) of this title [i.e., have in place such procedures as would entitle a state to receive federal funds for child support enforcement], each State must have in effect laws requiring the use of the following procedures, consistent with this section and with regulations of the Secretary, to increase the effectiveness of the program which the State administers under this part: (18) Enforcement of orders against paternal or maternal grandparents. The parent or parents having custody or control of the putative mother or father may be joined as defendants in the action if the putative mother or father is a minor or was a minor at the time the action was commenced. In such instances, the State’s Attorney of the county in which such person resides shall bring action against the responsible relatives hereunder. § 454.400(2)(16) In addition to the powers, duties and functions vested in the division of child support enforcement by other provisions of this chapter or by other laws of this state, the division of child support enforcement shall have the power: To enforce support orders against the parents of the noncustodial parent, jointly and severally, in cases where such parents have a minor child who is the parent and the custodial parent is receiving assistance under the state program funded under Part A of Title IV of the Social Security Act.
§ 5/10-10: Actions may also be brought under this Section in behalf of any person who is in need of support from responsible relatives, as defined in Section 2-11 of Article II who is not an applicant for or recipient of financial aid under this Code.
When a grandparent does stand in loco parentis to the grandchild, the grandparent’s child support liability is still secondary only. Consequently, he could not break off his duty to support his grandchild merely be ending the in loco parentis relationship. When a grandparent is ordered to pay child support for a grandchild under the in loco parentis doctrine, then the state’s child support guidelines apply.
E.2d 276 (1990) (grandparents stood in loco parentis to grandchild while child was in their custody, and could therefore take advantage of family immunity doctrine in tort action). Accordingly, the trial court did not abuse its discretion in finding that the expenses attendant to the grandchildren were not relevant to, not to be considered in, the award of alimony or child support. The difference between these two cases rests on the nature of the grandparent/grandchild relationship. Savoie, there was a court order that the grandfather had assented to, granting him and his wife custody of his grandchild. Thus, the in loco parentis relationship was terminable at will; once the in loco parentis relationship was terminated, there was no longer a duty of support.
This statement can be taken one step farther: “A child’s right to support is owed by anyone the government can somehow make pay, not the state.” This article will focus on the obligation of grandparents to pay child support for their grandchildren. This obligation is not dependent on marriage, but on a “moral and social obligation” to support the children one has brought into the world. At common law, it is the biological or adopted parents who owe a duty to support their children. 1989) (child support is a human and social responsibility). On this foundation that a parent is responsible for the support of his or her child was built the general principle that a grandparent is not responsible for the support of his or her grandchild. In the 1950s, 45 states and the District of Columbia still had poor laws on the books.