Nonparent Caregivers (Grandparents, Guardians)
When a child lives with a grandparent, relative, or court‑appointed guardian, child support takes on new dimensions. Who can receive payments? Do both parents owe? How do benefits interact? With clear orders and good records, kinship caregivers can secure support without jeopardizing stability.
Establish legal standing. Informal arrangements are common, but agencies usually need legal authority to open a case in the caregiver’s name. Options include a guardianship order, a dependency case placing the child with you, or a power of attorney recognized by your state. Ask the self‑help center which document the agency will accept to list you as payee for support and medical support.
Identify which parents owe. If both legal parents are living and rights remain intact, both may owe support to the caregiver household. The agency will establish parentage if needed and calculate obligations under the guideline. If one parent already pays via an order to the other parent, the order should be modified to redirect payments to the caregiver or the state if public benefits are involved.
Coordinate with public benefits. Many kinship families rely on TANF, SNAP, Medicaid/CHIP, or foster care stipends. Some benefits require assignment of support rights to the state, meaning support collected may reimburse the government rather than flow to the caregiver directly. Get a written explanation from your caseworker about how support will be applied so expectations and budgets align.
Health insurance and medical decisions. Orders should require a parent to maintain available health insurance or require the caregiver to enroll the child if a parent’s plan is unavailable. Clarify who holds authority to make medical decisions and how reimbursements for co‑pays and prescriptions will work. Use the reimbursement portal to avoid handing over receipts at exchanges.
Documentation and school issues. Caregivers often need access to school records and the ability to sign forms. Include education decision‑making authority in your guardianship order or a specific court order. Provide schools with copies so you’re listed as the primary contact. Keep a binder of orders, case numbers, and emergency contacts; agencies respond faster when caregivers are organized.
Parent contact and safety. Some kinship placements arise from safety concerns. Keep communications with parents respectful but structured through agency channels. If a court limits contact, do not make side agreements that conflict with orders. If safety improves, support orders can be revisited alongside parenting time to reflect new realities.
Closing or transitioning the case. If the child returns to a parent, notify the agency and court immediately to adjust payee information and current support. Resolve any arrears owed to the caregiver or state and update health insurance provisions. For older teens, coordinate transition to emancipation or independent living programs so support doesn’t disappear in administrative gaps.
Bottom line. Kinship caregivers do vital work. With proper legal authority, clear orders, and coordination with benefits, you can secure financial support that follows the child and keeps resources flowing where they’re needed most.
Disclaimer: Educational information only; not legal advice. Eligibility and procedures vary by state and change over time. Consult a licensed attorney, your child support agency, and a benefits advisor.
We devote ourselves to maximize your returns. We represent clients throughout Texas to end the hardships caused when they don't receive the support they were due. We won’t stop pursuing what you are owed until the entire amount, including interest, has been paid.
Our Bexar County law firm offers legal services for personal injury and child support collection cases. For more information on any of our legal services, call us toll-free at (866) 993-CHILD (2445) or (210) 732-6000.
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