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Hello, I'm 15 and my baby's dad was 15 when he passed away. It was a horrible accident and his parents were suing. Ive been told by family & family friends that my baby could get child support from them to help me take care of her. Can anybody help lead me in the right direction? Thank you.
Was child support awarded already? Was the father named on the birth certificate?
No, they could not be obligated for chidl support, and even if they could, child support goes to the custodial parent, not the child.
You, or your baby, or both might, however, be appropriate plaintiffs in the wrongful death suit which you baby's grandparents are pursuing. Speak to the grandparents' attorney about this, or consult with an attorney of your own.
Also, the estate of your child's late father may also have a claim. Your child is probably his heir.
Since you and your child are minors, an adult probably needs to bring the action in behalf of the two of you.
Being the mother of the child does allow her to sign papers regarding the child so it is possible that on the child's behalf that they (the OP) could sign what is needed for a wrongful death suit.Quote:
Originally Posted by AK lawyer
Also the OP is the custodial parent. So the money for the child would go to her.
Confused. The OP is the mother, the father of the child is deceased. So why wouldn't the money go to the OP, the only remaining parent? She has custody of the child, doesn't that make her the custodial parent?Quote:
No, they could not be obligated for chidl support, and even if they could, child support goes to the custodial parent, not the child.
Just not sure why you added that the money would go to the custodial parent, not the child, when the OP is the custodial parent. Confusing.
Define "the money", please.Quote:
Originally Posted by Alty
The answer to your confusion lies in the fact that you are confused between
.
- child support (i.e. monthly payments which a family law court could require the father (were he still alive) to make to the custodial mother); and
- a wrongful death award against whoever caused the accident which killed the father
Sure, as I said earlier the child probably has the right to recover for wrongful death. But the granparents don't have a duty to dig into their own pockets to pay child support..
We don't actually know about the obligation until the OP comes back and answers a few more questions. There have been cases where child support has been awarded to a minor and the parents were the ones forced to pay it until the child reached the age of emancipation. The reasoning behind the award was that the parents were liable for what their child had done. Just as with any other neglegence case that involves a minor the parents can become responsible.Quote:
Originally Posted by AK lawyer
I can't define "the money", the OP didn't provide enough information to define "the money".Quote:
Originally Posted by AK lawyer
That's not the part I'm confused about. The part I'm confused about is where you stated that only the custodial parent would get "the money". The OP is the custodial parent.
The OP is a minor, a child, as is the deceased. The parents of the deceased minor, from my understanding, could very well be obligated to pay for the actions of their minor child, deceased or not.
If there is a wrongful death suit, and money is awarded, the OP could claim money from that suit, and it would go to her, as the custodial parent. Nes pas?
Quote:
Originally Posted by Alty
Close but not quite. The wrongful death suit would be filed on behalf of the child and most of the time any award received from such an award gets held in a trust until such a time as the child is old enough to receive the money as set forth by the courts. The award is for the loss of a father. Since the OP was not married at the time they don't have a claim to make. There may be monies made available that the parent can access for the care of the child but that portion would be highly regulated by the courts.
Thank you for explaining this. :)Quote:
Originally Posted by cdad
"N'est pas" I believe is how that question is spelled. :)Quote:
Originally Posted by Alty
Cdad explained it better than I was able to do.
Faith,
Did you understand the answers you received. Please let us know.
To sum it up your child can (and should) be part of the wrongful death suit and would be entitled to share in the proceeds of that suit. In fact, I would think the award might be higher if there is a dependent of the deceased to consider.
If the parents refuse to include you in the suit, then I would try making a claim against the estate of the father so your child gets a share of any proceeds.
Actually, now that I think about it, it is unlikely that the grandparents would be suing for wrongful death without having been appointed as personal rep. for their son's estate. If that is the case, provision will be made for the grandchild.Quote:
Originally Posted by ScottGem
The defendants in such a wrongful death suit would probably insist on it, else they could be faced with another suit when the child comes of age.
Thanks. I know the saying, but have never been able to find the actual spelling online. Since it isn't my native tongue, and not even my second language, I had no idea how to spell it. Now I do. :)Quote:
Originally Posted by AK lawyer
In French, "n ___ pas" is used to negate a phrase. The English equivalent would be "Not ___". "Est" is a form of the French verb which means "to be"Quote:
Originally Posted by Alty
Thus the English translation would be "Is it not?".
I thank my high school French teachers for the fact that I know this. :)
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