[WSBAPT] Grandparent liability re: child support owed by disabled son?

Fri Aug 1 16:00:41 PDT 2014

parents and grandparents are not responsible for child support of son.
If Dad wants to keep paying soon $1000 per month, I would do nothing.
If he ever wanted to give a lump sum larger gift, he should use a special
needs trust, which will have a spendthrift clause.
I suppose if a child support schedule/ order is ever entered they may
count the $1000 per month as “income” although son should be able to argue
it isn’t.. and as soon as the litigation starts the payments should stop
to demonstrate this.  But in any event Dad won’t have to pay whatever
child support is ordered paid by son.
Yes you are correct on ## 1, 4 and 5.

Joshua F. Grant, PS
Attorney at Law
P. O. Box 619
Wilbur, WA 99185
tel 509 647 5578
fax 509 647 2734

From: Heather Kolbly <mailto:heather at kolblylaw.com>  
Sent: Friday, August 01, 2014 3:43 PM
To: wsbapt at lists.wsbarppt.com 
Subject: RE: [WSBAPT] Grandparent liability re: child support owed by
disabled son?

Hi All,

Client Dad has an adult Son who is disabled (uncontrollable severe
migraines) and unable to work.  Son’s Girlfriend is pregnant.  Son
receives government benefits, and Dad informally gifts him about $1,000
per month to help pay bills (they have no formal agreement; Son just asks
Dad for money to pay a bill [utilities, groceries, etc.], and Dad pays it
for him).    Dad and his wife (Son’s step-mom) are concerned that
Girlfriend will come after them for money once Grandchild is born.  My
thoughts are these –

1.       Grandparents themselves have no liability to Girlfriend or
Grandchild.

2.       Girlfriend can go after Son for child support.  QUESTION:  What
if Son can’t afford to pay support?  Will Dad’s monthly gift to Son have
any chance of being attached for child support?  (In this way, Dad has now
become liable, though not directly).  Would the court consider an
informally-given monthly gift part of Son’s income/property to be
considered for child support purposes?

3.       Dad may want to consider setting up a Special Needs Trust for
Son.  This would allow Son to have supplemental support he needs and it’s
not attachable by Girlfriend for child support…right?

4.       Dad is asking about setting up a living trust for himself and his
wife as a way of protecting their assets (mainly their home) from
Girlfriend.  My thought is that this is not really needed, since they are
not directly liable to Girlfriend or Grandchild… right?  In addition,
trusts generally don’t insulate a parent from paying child support, but
what about grandparents in this situation?

5.       If Dad sets up a small trust for Grandchild, could this lead to
him (grandfather) being liable to Girlfriend for more support for child?
I am thinking NO.  Right?

Thanks in advance for any help you can offer.

Heather Kolbly

Kolbly Law Firm, P.C.

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