Michael Bertin Discusses Support Obligations of Grandparents in The Legal Intelligencer

In the article titled “Income of Grandparents Not Considered in Child Support Case,” published in The Legal Intelligencer on August 13, 2024, Michael Bertin, partner, and co-chair of the family law group, examines the recent Pennsylvania Superior Court decision in Mazzarese v. Mazzarese, ___ A.3d ___, 2024 Pa. Super. 145 (July 15, 2024). The case of first impression dealt with whether grandparents’ income should be included in calculating child support when they have assumed a caregiving role due to the biological parent’s inability or unwillingness to care for their children.

The Superior Court ruled that the maternal grandparents’ income should not be included in the child support calculation, distinguishing this case from others involving third-party support obligations. The court emphasized that since the grandparents stepped in out of necessity and did not seek to terminate the mother’s parental rights, they are not considered “parents” under the relevant statute. This decision reinforces that grandparents who become default caregivers are not financially responsible for child support, a ruling that aligns with previous cases and underscores the importance of not discouraging grandparents from providing care.

Under statutory law, “parents are liable for the support of their children who are unemancipated and 18 years of age or younger.” Further, the Pennsylvania Child Support Guidelines state: “if a person caring for or having custody of a minor child, who does not have a duty of support to the minor child, initiates a child support action … in determining the basic support obligation, the monthly net income for the individual initiating the action shall not be considered in the support calculation by the trier-of-fact.” Because of this, the Superior Court stated: “there is no statutory support for mother’s claim that the income of the maternal grandparents should be included in the child support calculation.”

This case is very important for the practitioner and the bench. The Mazzarese case now sets forth the law with regard to grandparents. Under Mazzarese, the defining line is whether the grandparents stepped in and became the caregivers by default due to an inability or other reason related to the parent. In that circumstance, the grandparent’s income will not be considered in the support matter.

The Superior Court, in driving home the point, stated:

“we perceive neither utility or equity in a rule that would allow biological parents already benefitting from grandparents’ physical, emotional and monetary support of their children to lower the biological parent’s child support obligations by factoring in grandparent’s income while simultaneously relying on the grandparents to raise their children.” The Superior Court further stated: “in addition to an unsound social policy, this would lead to an absurd result that would certainly deter otherwise caring and concerned grandparents from stepping in and providing much-needed support to their grandchildren.”

Read the full article here.