Does a grandparent have the right to sue a parent for non-payment of child support?
In Hawaii, a grandparent does not have the right to sue a parent for non-payment of child support. The state has its own Grandparents’ Rights Law, HRS 571D-14, that outlines the processes through which grandparents may be granted visitation and custody rights. However, since child support is a civil matter, it is not dealt with under the purview of the grandparent’s rights law. Instead, the noncustodial parent (or child support obligor) must be pursued directly for non-payment of child support. This means that the custodial parent, or the child’s legal guardian, should take further action against the parent in default. In some cases, the family court judge may also order the noncustodial parent to pay overdue child support to the custodial parent following a hearing. Though a grandparent wouldn’t have the right to initiate a lawsuit against the parent or seek legal recourse for the unpaid child support, the grandparent may still be able to provide support and guidance to the custodial parent during the process. At the end of the day, the custodial parent is most likely best suited to handle a child support dispute with the noncustodial parent in a legal setting.
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