We recently received a call from a mother who indicated that she had custody of her minor child but had been unemployed for a very long time and was unable to provide any clothing, food, etc. for the minor child. The caller stated that the minor child had been supported by her mother (the minor child’s grandmother) for over 14 years. The mother wanted to know if her mother (the minor child’s grandmother) could “go after” her for some sort of child support reimbursement. The Family Code answers this question.

Under Family Code § 3950, yes, the caller’s mother (the minor child’s grandmother) could possibly “go after” her for reimbursement. Family Code § 3950 states that “if a parent neglects to provide articles necessary for the parent’s child who is under the charge of the parent, according to the circumstances of the parent, a third person may in good faith supply the necessaries and recover their reasonable value from the parent.” Thus, the minor child’s grandmother could argue that she was providing the necessities of life, food, clothing, etc., and thus she be entitled to some reimbursement.

On the other hand, if the minor child’s grandmother was simply just giving non-essential “gifts” to the minor child, she wouldn’t be entitled to reimbursement unless there was some agreement between the mother and the minor child’s grandmother for such reimbursement. This is due to Family Code § 3951(a). Under Family Code § 3951(a), “A parent is not bound to compensate the other parent, or a relative, for the voluntary support of the parent’s child, without an agreement for compensation. Moreover, under Family Code § (b), “A parent is not bound to compensate a stranger for the support of a child who has abandoned the parent without just cause.”

We hope that the information in this blog gives you some helpful insight into claims for reimbursement for the payment of child support. If you or a loved one needs assistance with this issue or any other type of family law matter, call Wallin and Klarich today. Wallin and Klarich has a team of highly skilled, aggressive Southern California family law attorneys ready to take your call 7 days week, 24 hours a day! Wallin and Klarich has been in the business of helping people with their family law matters for over 30 years and we would like to help you with yours! A qualified, experienced attorney from the firm will be able to evaluate your case when you call.