Child support usually generates a series of concerns among parents who need to pay support, however, the law determines what is fair. After all, a child needs to receive the necessary investment from his parents, since he is still dependent. In this, there needs to be a plea deal that provides the best for the child. In addition, the law establishes that other people may also be responsible for the maintenance of children, if applicable. This generates the question: grandparents pay child support?
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Grandparents' responsibility
Not only are parents responsible for the healthy growth of children, but the whole family needs to contribute and take care of these little ones. Therefore, Article 1,068 of the Civil Code establishes that, in case the parents are unable to pay for food, all other relatives receive this charge.
This includes uncles, cousins, and especially grandparents, who are the children's closest relatives after their parents. Therefore, the first occasion on which it is possible for grandparents to be responsible for child support is when the parents are not able to do so. However, the Court will also consider whether they are also in a position to pay for food. Otherwise, other relatives may be requested.
In case of death
We commonly believe that the only reason why grandparents can be responsible for the pension is upon the death of the parents. However, in this case, the Court determines that guardianship of the child must be requested for the legal procedures to be triggered.
This means that guardianship is not done automatically, as if there were a line of succession or something like that. Before, there must be an agreement between the possible new tutor and the Justice. However, it is in fact very common for grandparents to end up inheriting guardianship of their grandchildren by their own choice. There is even a preference of Justice to transfer guardianship to these, since they are the closest relatives of the child.
