Yes, there is a legal possibility that grandparents may be obligated to pay child support to their grandchildren, but there are several hurdles to jump before the obligation can be imposed on the grandparents.
The grandparents’ obligation to pay child support is secondary. That is to say, it only becomes effective if the parents are absent, or if they are alive and there is a material and absolute impossibility for them to provide alimony to their children. That is to say, it is not enough that the parents “are going through a bad economic situation”. There must be a material impossibility (this adjective is used by the Supreme Court), and it must be on the part of both parents.
The fact that the economically productive spouse is materially unable to provide alimony (due to an accident), does not automatically send the obligation to the grandparents. Taking into account that the other spouse can work. Even if his or her family role is to devote himself or herself to the home.
If all the above-mentioned hurdles have been passed, and the burden of paying alimony to the grandparents is going to be launched, the following must be taken into account:
1. The obligation to pay alimony to the grandparents will be in function of their economic possibilities.
2. The obligation to pay alimony goes equally to all living grandparents. Regardless of who are the paternal, maternal, or who has more money. Although, of course, each grandparent must contribute according to his or her financial means.
