If you have been appointed as the guardian of a minor child, the court has imposed both rights and responsibilities upon you. Child support during guardianships is a financial issue that some guardians may not even be aware of. If you have been appointed as guardian of a minor child, you have obligations to manage that child’s financial interests, including the right to enforce child support on behalf of the child.
Duties of a Guardian
The legal duties of a guardian vary based upon: (1) the type of guardianship, and (2) whether the court has made any other appointments on behalf of the child. (For example: in a situation with complicated financial or legal affairs, a court may appoint a conservator for the child, who manages only their financial affairs. This is separate from the guardian appointed to manage the child’s day-to-day care.)
Missouri statutes require all guardians to provide for the education, support, and maintenance of their minor wards. Individual guardianships are often more specific, and may list specific financial obligations of the guardian. (For example: if the court knows that a child must submit a particular report to the Social Security Administration in order to obtain benefits, the guardian may be ordered to file that specific report.)
Regardless of what specific obligations your guardianship imposes, the general duty to provide for the support of the ward can bring up issues of child support. Most parents are not relieved of their child support obligations simply because a guardian has been appointed. If you believe your ward may be entitled to child support, make sure the court is aware of the issue. A judge can make the necessary arrangements to protect your ward’s right to child support. This may include a review of child support payment records or appointing a conservator or guardian ad litem to address the issue.
Call a St. Louis Guardianship Lawyer Today
Guardianships are complicated, and child support only makes the situation more complex. If you have questions about your rights and responsibilities as a guardian, call (636) 947-3600 to schedule your consultation experienced Missouri guardianship attorney Kenneth P. Carp. Our office provides the personalized attention necessary to make sure your guardianship operates smoothly. You can also contact us online through our online contact form.