Per this story linked below Mark Hamill’s son got a woman pregnant who he was seeing. Are her child support options limited to the bio dad’s income or can she make an argument that he is more wealthy than his income shows because he is part of a wealthy family, and thus should pay more than just his stated income?
If the dad is under the age of majority (and not legally emancipated), or has some sort of severe medical/mental health disability that causes him to rely on his parents for guardianship/his sole financial support, yes. Otherwise no, and it would be utterly ridiculous to think differently.
I imagine a case could be made where a father, wishing to shirk his responsibilities after an order was put in place, refused to get a job because his parents agreed to support him, and attempted to legally reduce his child support as a result- in which case the mother could argue in court that the dad is attempting to pull one over on the legal system and his earning power remains the same regardless of his attempt at shirking, but that’s radically different from asking for extra support just because the grandparents are well off.
It’s a shame that the first grandchild has to be so wrapped up in public drama.
Most states have an age of consent that is lower than 18 so it doesn’t necessarily mean there would be legal problems. In my state being a parent automatically means you are emancipated and I’m sure many other states are similar.
First, NY Post, so need a heaping spoonful of grains of salt. Second, I won’t Google her at work but I seem to notice that the Post, Daily Mail, et al. set their “porn star” bar pretty low.
It is my understanding that in some states, any money or other gifts that the non-custodial parent routinely received and relied upon would be counted, so if the grandparents are giving lots of funds to dad, that is part of dad’s income too. Same if the grandparents are routinely making dad’s car payments or providing a rent-free place to live–the dollar value of the rent is income even if it is in-kind or not paid directly to dad…
I don’t know the details of child support legislation in the US, but it makes sense that the level of maintenance assessed against the non-custodial parent should take account of all of that parent’s circumstances, so if he does in fact receive substantial transfers from wealthy and indulgent relatives which sustain his lifestyle, and which would sustain the lifestyle of his child were the child to reside with him, then that should be taken into account in assessing the level of maintenance that he is to pay. This would still be a maintenance order against him, though, and not against those transferring money to him. If, in response to the maintenance order (or indeed for any other reason) his relatives stop transferring money to him, he can apply to have the order varied on the basis that his circumstances have materially altered.
Taking this case as sui generis, I suppose you could make an argument that if he has never lived on his own, and his parents support him (if they claim him as a dependent because he has no form of income, that would help), they are de facto guardians, even though he has never been judged incompetent, and they should therefore support his child.
I don’t know how far that argument will get her. It sounds like the Skywalker family wants nothing to do with her, otherwise I might speculate that they’d do something like set up a trust for the kid.
Nothing in the NY Post article suggests that she has asked the Hamill parents for money, or even that she has asked the son for money; just that they suspect she’s on a gold-digging expedition. The Post’s source for the story is clearly the woman herself, and of course it’s possible that she hasn’t told them details that might not reflect well on her. It’s equally possible, thought, that she hasn’t sought any money from the parents.