Legal Q In Regards to Child Support.?

Question

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!

Answer 1

he doesnt need to prove hes a good father, sounds like he is already to me. and the courts assume all are good parents until proven otherwise.

the child support pays for many things;

you pay what? 400? 600? 900?

ok, lets see...
rent; 1000
electric 300
food 400-600
heat 300
phone/cable 100
auto; (for doctors, dentists, take to school when they miss the bus, pick up when sick, pick up medicines, get food) 200

that doesnt even include clothes, shoes, sneakers, school supplies, hair cuts, class trips, class pictures, over the counter medicines, perscriptions, laundry det, soap, shampoo, toothpaste, christmas, easter, tooth fairy, birthdays, etc. etc


bottom line, its not easy on anyone; him, the ex, the child. of course no one like her, shes the x, and to some families, the ex is always the enemy.

your question about going back to court, yeah, she can any time she has changes, he has changes and there is always the "cost of living increase" every 2-4 years (different in states).

the other items he pays for are considered 'gifts' from a parent, not part of the child support. but every state is different (slightly) with the guidelines, so check the links below to check. just click on your state and find the section you need.

one is a child support calculator; just click on your state and fill it in. this will give you a general idea as to what the child support payment should be (approx).

http://www.divorcelawinfo.com/states.htm
http://www.divorcehq.com/spprtgroups.html

http://www.divorceinfo.com/statebystate.htm
http://www.divorcenet.com/states
http://www.divorcesource.com/
http://www.divorcecentral.com/
http://www.divorcelawinfo.com/calculators.htm
http://www.helpyourselfdivorce.com/child-support-calculators.html
http://family.findlaw.com/
http://www.divorcehq.com/deadbeat.html
http://www.divorceinfo.com/
http://www.divorceinanutshell.com/
http://www.lawchek.com/Library1/_books/domestic/qanda/childsupp.htm
http://family.findlaw.com/child-support/support-laws/state-child-/
http://www.supportguidelines.com/resources.html
http://www.supportguidelines.com/articles/news.html
http://family.findlaw.com/child-support/support-basics/

http://www.ncsea.org/
http://www.nfja.org/index.shtml

FACTS AND REGIONAL FEDERAL CS OFFICE INFO
http://www.acf.dhhs.gov/opa/fact_sheets/cse_factsheet.html
http://www.acf.hhs.gov/programs/cse/newhire/fop/passport.htm
http://www.acf.hhs.gov/programs/cse/newhire/fop/fop.htm
http://www.acf.hhs.gov/programs/cse/newhire/faq/faq.htm
http://www.acf.hhs.gov/programs/oro/regions/acf_regions.html
http://www.acf.dhhs.gov/programs/cse/extinf.html
http://www.acf.dhhs.gov/programs/cse/
http://www.acf.dhhs.gov/grants/grants_cse.html
http://www.acf.dhhs.gov/index.html
http://www.acf.hhs.gov/programs/region2/index.html
http://www.govbenefits.gov/govbenefits_en.portal
http://www.fedstats.gov/qf/
http://www.fedworld.gov/gov-links.html

Answer 2

The $650 is child support. Everything else is a gift. If he has visitation, he does not have to not pick up the child even if the child is sick. He is the father, he can take care of a sick child too. Now...be reasonable, if the child has extra curriculor activities and the visit is going to interefere with the child's social life, that is different, the father should be willing to take him to his friends birthday parties (even though he does not know the parents or the child), take him to soccer or t-ball games or practice, etc. The father is suppose to provide a place for the child to live (at his house...bed, toys, even clothes, etc) and he is in theory generally suppose to feed the child approximately 20+ meals a week and provide medical insurance and pay half of the medical bills or whatever it says in his order.

Answer 3

Since she sounds a little loopy, I would recommend keeping a file of all receipts for EVERYTHING he spends on the kid, gas to go see them, as well as returned checks indicating that he has paid all the support on time every month. I would also keep a diary of dates that he is "sick", dates that she mentally abuses your brother and how, and every time she threatens legal action. It sounds like she doesn't have a leg to stand on and that she can't afford a lawyer anyway. Pictures never hurt either. Documentation is always key to winning in court. Otherwise its a "he said, she said" argument and unfortunately, the woman almost always wins.

Perhaps your brother could keep track of this for a few months and sue HER for custody.

As a sidenote, I assume he had a DNA test and KNOWS that this kid is his? If not, do that immediately!

Answer 4

It is NEVER wrong to maintain documentation concerning any payment to support a child.

Every payday I place a specific amount of money into my ex's bank account and maintain the receipt after doing so.

As for anything else I provide, to ME, that's just doing the right thing for my child!

However, knowing this girl is a bit on the "loopy" side....no matter what I got for my child, I would maintain receipts or documentation.

As for the visitation...because this is a civil issue...not criminal...the father would have to take the mother to court showing that she does not meet the orders of the court at which time she COULD be held in contempt.

To do this you should contact a local attorney who specializes in family practice!

Best wishes!

Answer 5

Receipts for child support payments are the most important, best if payroll deducted and you have an independent record on his paycheck stub. Can't hurt to keep a diary of visits time, places and events......

Best to ignore threats and not react-- don't give her any satisfaction or fodder for her anger( problem) whatever it is-- might be she is afraid the child will love the dad and more than her-- good to say things if possible about how much the child loves "Mom and dad" and how important we (they)are to the child being physically, emotionally and spiritually secure as an adult.

Answer 6

Keep proof of ever thing and get it organized so if he needs it, all info is easy to find.

Document everything, every time she refuses to deliver the child for a visit, the clothing he purchases, every time the child is ill, and the child support.

He needs to quit giving in, it sets a precedence. Make her fallow the law for visitation, if she refuses he can go after her for contempt.

A Question I mighty ask is, if the child is always ill. Why?

Also Make her communicate via Email and print every one, for proof later.

Sorry I'm not an attorney just another father.

Answer 7

Yes he should have all that but he needs to go to court and file papers on her that way he has the child every other weekend. He needs to have an attorney fright for his rights and your family need to court so that they can let the judge know whats going on.