My brother has 3 kids. He recently married their mother, though they've been together for 17 years. Early on before the marriage he was the sole provider for the kids. But my brother cheated on her, and out of an act of vengance, she kept the kids away from him for 4 years, and made false claims that he threatened to kill her and the children. He was ordered to pay child support and not granted visitation of his kids. 2 years after the child support order, my brother and his children's mother reconciled and recently wed.
My question is how can the child support payments be stopped through the courts and what is the process? Approximately how long does this take?
2007-02-15 19:44:43 · 6 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
Thanks to you all
2007-02-15 19:55:44 · update #1
Hi,
I think the answer to this one, unusually, will be shorter than the question.
If your brother and his wife apply to the child support agency for the payment schedule to be rescinded it should be fairly simple for this to be done.
After all, if they are living together it doesn't really make sense for him to pay money out, just to have it come back through their system.
I know the Child Support people are not noted for being the most cooperative organisations, but in this case logic should override their normal reluctance.
Hope he's successful.
BobSpain
2007-02-15 20:00:20 · answer #1 · answered by BobSpain 5 · 1⤊ 0⤋
He can't stop child support payments: they're his kids and he should d@mn well pay for them.
A lot of his problems would never have happened if he married the mother 17 years ago and didn't cheat on her.
2007-02-16 03:50:41 · answer #2 · answered by screaminhangover 4 · 1⤊ 2⤋
Your brother (or his wife) needs to go down to the family court and fill out a request for a hearing. They will send you a court date. (This might be a couple of weeks.) They should both go, bring their marriage license, and proof they live together (a lease, utility bills) and it will take about fifteen minutes.
2007-02-16 03:53:04 · answer #3 · answered by trai 7 · 1⤊ 0⤋
he shouldn't have to pay any child support since he married the woman to whom it was due. he needs to inform the court that their status is not what it was and the order will be rescinded. you cannot pay child support to a spouse with whgom he lives. it may be different if they are seperated.
2007-02-16 03:52:33 · answer #4 · answered by de bossy one 6 · 1⤊ 0⤋
Not sure but I don't think you have to pay child support to your wife. He should go to your local department of childrens's services to find out.
2007-02-16 03:53:58 · answer #5 · answered by So_many_questions 3 · 1⤊ 0⤋
wow, what a guy...
in any case, that child support arrears is for the time she was not with him, therefor he still owes it to her (or the state if she was on welfare from not having support).
as for him threatening to kill her, you dont know if he did or not, NONE of us do... only those two and God know the truth.
if he is paying support (the arrears) then the funds go right back into the household.... so its coming back, til they resolve this issue.
they know how to resolve it (through the courts only), and its up to them. they already know how to call the county court house, child support division.
seems to me, that THEY should be doing it.
.
2007-02-18 11:22:07 · answer #6 · answered by Yvette B yvetteb 6 · 0⤊ 2⤋