child support question

[Marc]

my X- sister inlaw is trying to sue my brother for 5k and put him in contempt for not paying child support but their divorce isnt final and there is no court order for any child support is this possible? she doesnt provide any child care and 99% of the child care comes from my brother and our parents (grandma and grandpa)

 

[SEIndSAM]

my X- sister inlaw is trying to sue my brother for 5k and put him in contempt for not paying child support but their divorce isnt final and there is no court order for any child support is this possible? she doesnt provide any child care and 99% of the child care comes from my brother and our parents (grandma and grandpa)

Granted, I went through this in 07, so the laws may have changed, but if there is no court order you shouldn't be able to be held for contempt of court.
That being said, my Attn was able to figure what child support was going to be and had me pay her by check directly until the court order took effect. That saved me from having to pay her a large sum at a later date and made me look better when everything went before the court.

 

[Marc]

she wont sign the divorce papers but she is trying to get him to pay support

 

[SEIndSAM]

He probably will have to pay support from the day he moved out. I had to. I had to pay from the day I filed as my ex had no job. He will probably end up owing her support from the day he filed until the day the divorce is final, and then the court ordered support after that. The courts screw you if your a guy and your ex either doesn't work or makes less than you.

I'll bet he will have to pay her, but you can't be charged with contempt if there is no court order yet. IMHO.

I am not an Attn. Just someone who has been there and done that. Cost me a ton of money, but it was the best money I ever spent to be finished with her.

 

[Marc]

right on. i just figured i would ask. thanks for the input

 

[Benny]

Why are you asking a bunch of internet chuckleheads instead of your brother asking his lawyer?

 

[Marc]

oh he talks to his attourney. but he wont talk about it to anyone but our mom and she relays what she knows to me and the wife and when i ask her a question i get a shoulder shrug and an idk answer

 

[littletommy]

Benny beat me to it. Tell him to get the best lawyer he can find, it makes a huge difference! Even if he has to sell most of his belongings to pay legal fees, he'll be glad he did in the long run. I had an excellent attorney, my ex wife wanted EVERYTHING and got almost nothing.

 

[Mr Evilwrench]

On the other side of the coin, we could never squeeze much out of my wife's ex, and we could really have used it. He was into us for about 40k by the time she died, we'd wasted about 6k on a lawyer trying to get at it, and nobody would do a damn thing.

 

[littletommy]

On the other side of the coin, we could never squeeze much out of my wife's ex, and we could really have used it. He was into us for about 40k by the time she died, we'd wasted about 6k on a lawyer trying to get at it, and nobody would do a damn thing.

My wifes ex is an unemployed (supposedly too sick to work), drunken, deadbeat little mommas boy, he's not seen his daughter in 4 years, or paid a dime for anything for her, and the child support office won't go after him because they know he has nothing. Several years ago, my ex filed for more child support from me 3 years in a row, and they were on me like I was the biggest criminal in the state, because I'm stupid enough to work and have things. It was aggravating to say the least, but I beat her and the child support office all 3 times in court, and got CS reduced by 60% of what I was originally paying. The child support people do a huge disservice to parents, and rarely, if ever, do any good. Another fine government agency!

 

[HDSilvrStreak]

During the period where we had filed for divorce but before it was filed, I had to pay what was called "maintenance". It wasn't officially child support until the court date of the divorce and everything finalize. Then I had to start paying child support. Interesting thing is that the maintenance was a lot more than child support. Could it be that your brother is behind on the "maintenance" fees and not child support?

My experience is from many, many years ago though.

 

[Marc]

supposedly they worked something out but he hasnt paid, so i guess thats something the court is going to hold him to. but what i dont get is she made out a schedule but she isnt sticking to it and my brother has her every day out of the month and the only time my niece is with her mom is on nights some of the night on the schedule after 5:00 pm and and back to my brother at 7:30-8:00 the next morning. she posts up on facebook pics of her out drinking on the nights she is supposed to have my niece which i hope is something that will help my brother out. but none the less i have no clue how this type of system works. thats why i figured i would ask, only if the court could see that the mom is treating her child more like a dog or a cat rather than a child

 

[halfmileharry]

This divorce stuff should be handled by good attys.
The kids get the shaft when the fighting starts.
They're NOT divorcing the kids so keep them first.
Let the attys work out the rest of it.

 

[Marc]

This divorce stuff should be handled by good attys.
The kids get the shaft when the fighting starts.
They're NOT divorcing the kids so keep them first.
Let the attys work out the rest of it.

roger that

 

[kevman65]

Separate Maintenance rears its ugly head. From either the day you file or the day you leave the communal residence the spouse staying behind can petition the courts for "maintenance" costs, which is normal upkeep of the house and expenses for dependents.
This is why if at all possible, don't leave the house. File the papers and stay in the house. If you keep paying the monthly bills until the court finalizes the divorce the spouse (soon to be ex) has no leg to stand on in a maintenance petition.
If you file and leave, and the kids stay there, they can file a petition and a majority of the time the courts will allow it.

Notice I used no gender tags, it can go either way depending on who leaves the family home.

But I concur, this advice shouldn't be gotten from an internet gun board.

 

[hooky]

Document, document, document.

Hopefully he's been keeping a little log book, even notes on the calendar hanging on the frig, about when the kids are there, when they're with their mom, when they've gone to play at the park, see grandma, etc... That goes a looong way when this type of thing rears it's head.

 

[SideArmed]

supposedly they worked something out but he hasnt paid, so i guess thats something the court is going to hold him to. but what i dont get is she made out a schedule but she isnt sticking to it and my brother has her every day out of the month and the only time my niece is with her mom is on nights some of the night on the schedule after 5:00 pm and and back to my brother at 7:30-8:00 the next morning. she posts up on facebook pics of her out drinking on the nights she is supposed to have my niece which i hope is something that will help my brother out. but none the less i have no clue how this type of system works. thats why i figured i would ask, only if the court could see that the mom is treating her child more like a dog or a cat rather than a child

One thing to note, is that when the court looks at where the child spends most of their time, they are going to look at the over nights. So by your brother watching his kid through out the day and send them back home for the evening, really is going to help his case when he goes into court. It is still going to look like the child is spending more time at mom's. (my understanding of it, anyway)

And to mimic others in this thread, DOCUMENT EVERYTHING, Print out everything from facebook, keep an electronic copy too. It can take more than 6 months for Facebook to give up information even with a court order. Tell your brother to start carrying a digital voice recorder to record ALL interactions/phone calls with his Ex. it will save his ass in the long run if he can prove she is lying.

The above info is just my opinion, I am not a lawyer.