Legal Q In Regards to Child Support?
Long story short: My brother had one night stand with girl and she had a baby. He is a wonderful child and we adore him so. He is 5 now. My brother buys him clothes, jackets, shoes, and takes him out for dinners, entertainment and this all adds up, PLUS he pays for the child support $650. He even has to drive out 2 HOURS to see his kid on weekends.
My family gets to only see our dear nephew 2 DAYS a month. She claims he's always sick, and she wants my brother to come over there to spend time with her and the kid and she makes my brother go on HER job calls. She is using my brother so bad financially and emotionally.
She always threatens legal action to him for NO reason. No one in my family likes her but we give the child everything love attention, care, and buy everything that he needs and he is happy at our home.
My Q in case she pulls a crazy stunt to go to court, what should my brother have receipts, papers, pictures or what in court to prove that he is a good father? HELP!
2007-02-01
05:50:38
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9 answers
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asked by
Anonymous
in
Pregnancy & Parenting
➔ Toddler & Preschooler
No. They never were married.
2007-02-01
05:50:55 ·
update #1
From personal experience....my husband ex recently done something similiar she was threatening,etc....and she did make false allegations against him, but what she did not know is we has been documenting every little thing, such as phone calls, what took place in those calls, times and dates you picked the children up, etc. hang onto phone bills, etc...this helped us out alot. And she can not keep the child from your brother if it is his designated parenting time, she could be in contempt of court.
So, my advice is I know it takes time, but DOCUMENT EVERYTHING!!!!!!
2007-02-01 09:53:04
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answer #1
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answered by Alapooh 2
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All he needs is proof of how much he's paying for child support. As far as everything else he does/gives that's his choice and not considered child support. He doesn't have to do those things, but it's great that he does.
They also need to have some sort of visitation schedule worked out in court. He shouldn't have to be with her to see his child. Make sure it's court ordered as to how the child will be picked up and by whom. I have a friend that lives 4 hours away from his daughter. They meet at a halfway point so each has a 2 hour drive.
Should also have something in there about how medical expenses will be divided.
Just a few things that are real important if going to court turns out to be necessary. And keep in mind there is such thing in most states called "Grandparent Rights". When my ex and I divorced his mother petitioned for them (I have no idea why because all she had to do was call and I never refused.), but they got a designated weekend each month for visitation and I guess they needed that reassurance.
2007-02-01 06:36:42
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answer #2
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answered by Anonymous
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Get a really good lawyer. Pay him the money. It'll be better in the long run. My brother is stuck paying $400 a month plus medical expenses for kids that aren't actually his.
Case in point, my brother met a girl, after 2 years married the girl who already had 2 kids from a really dead beat dad (ages 5 and 7 then). She cried and said if you loved me you'd adopt the girls. He adopted them about a year after marriage. About a year after the adoption she kicked him out of the house (that he paid off and furnished and replaced things like broken washing machine, dryer, hot water heater) and that same day she had another man moved in with her. Now about 2 years later she's getting married to him. AND she stuck him with all the bills (she had been bankrupt 3 times) and she kept all the assets.
2007-02-01 10:03:41
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answer #3
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answered by momoftwo 7
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yes, he must keep all receipts, but she must have a court order in order to take him to court and he must be very far behind, tell him to keep receipts on everything he buys the child, it sounds like she is just using empty threats, i would tell your brother that if she does not let your family see the child more and without such problems that he will take her to court, which he can, he has a much better case then she does, also tell him when she threatens court to tell her go right ahead, if what you say is true she has no valid case, shes just being a jerk
2007-02-01 06:09:50
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answer #4
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answered by melissa s 6
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All he desires is info of ways lots he's procuring toddler help. as far as each little thing else he does/supplies it incredibly is his selection and not seen toddler help. He would not could do those issues, despite if it incredibly is super that he does. in addition they could have some form of visitation schedule worked out in courtroom. He shouldn't could be together with her to work out his toddler. make beneficial it incredibly is courtroom ordered as to how the youngster would be picked up and by whom. I actually have a chum that lives 4 hours remote from his daughter. They meet at a halfway factor so each and each has a 2 hour rigidity. additionally should have something in there approximately how medical fees would be divided. in basic terms some issues that are actual significant if going to courtroom seems to be mandatory. And undergo in strategies there is such element in maximum states observed as "Grandparent Rights". while my ex and that i divorced his mom petitioned for them (I have not have been given any concept why through fact all she had to do substitute into call and that i never refused.), yet they have been given a delegated weekend each and each month for visitation and that i assume they mandatory that reassurance.
2016-10-16 10:12:01
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answer #5
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answered by ? 4
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He should have receipts for everything he has given her in the form of child support. If he doesn't he's out of luck because he'll be responsible for five years of back child support.The good thing is that once they go to court and there is a court order in effect he can take her to court if she doesn't allow him his visitation.
2007-02-01 18:51:08
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answer #6
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answered by Anonymous
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He should document what he does for the child, yes. Keep reicepts and also keep a travel log, gas recipepts from her town, things like that to prove he goes out there. But remember this, if she takes him to court *she* is the one who will need to prove he is a bad father, and that takes a LOT.
2007-02-01 05:58:18
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answer #7
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answered by tabithap 4
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If he's paying child support in the form of a check, keep the cancelled checks as proof of payment to her.
Personally, if I were him, I'd petition the court to have some sort of legal visitation and support order put into place - just to protect himself. It sounds like this little chickie is trying to force your bro into a relationship with her - and he only needs to have one with the kid.
2007-02-01 05:56:12
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answer #8
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answered by zippythejessi 7
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He needs to keep all the reciepts document everything he does. If he has to go to court it will be easier to show the judge the proof. He is being a good father but he also has to look at for himself if things go sour.
2007-02-01 06:10:52
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answer #9
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answered by selena d 3
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