Legal Issues - Sister Child Support?

[MrsM2BJuly22010]

My Sister wants to File for Child Support



When I found out that my sister (Jess) was pregnant, I must admit that I was upset with her. For the simple fact that this guy (Fil) she got pregnant with was a real jerk and they were both financially unstable. She lived with him at the time she got pregnant (he still lives at home with his mom in a garage converted into a bedroom) and we accepted him because we had no choice she liked him.



During her pregnancy, he would make her do everything. Cook, clean, Move the furniture and refrigerator around. When we had birthdays or occasions, he would tell her to tell us that they already had plans. But yet when I called her, she was crying telling me that she was bored and doing nothing at home and that he is keeping her from us because he didn't like us.



For Fathers day she convinced him to let her come over to my house so that we can celebrate this together. He agreed but she got down from the car with my nephew she was (still in pain because she had the baby 3weeks ago from this point) and he just sat in the car waiting for her to come back so that they could leave. I asked Jess what was wrong with Fil and why doesn't he want to hang out because we are all trying to get along. She said that he doesn't like us and I told her that it still wasn't an excuse for him to treat her the way that he does.



I told her that his nasty attitude is starting to piss me off and since she is my only sister, I am not willing to just sit around doing nothing while my little sister is being treated like dirt. I was going to walk out side when my Fiance' saw how upset I was, he told me to stay in the house and went out side to confront him. He told me that he wanted to speak with him man to man and understand what his problem was..



My sister kept telling my Fiance' Erock not to do it but he went out side to talk to him anyway. When Erock walked up to the car he said "What is your problem?""Why are you doing this to our sister and why are you putting her thru so much pain?" Fil got down from the car willing to fight Erock and Erock simply told him that he didn't go outside to fight but to understand what his problem was. Fil just stood there saying "what do you want to do about it? Here I am lets fight.." Jess ran outside and said no! She pulled Fil back inside the car and he told her to get her things because she wasn't coming back.

2days pass and we find out that Fil is moving Jess and the baby to Texas. He said that we are always getting in his business and since they are moving to another state, there wasn't anything that we could do about it. She told me for mothers day, he got up bright and early and left. She thought that he got ready to take her some where or to bring her a gift. She said he was gone all day and didn't return until midnight on Mother's day. She told me that she stayed up crying the whole night thru because he left her.

She told him that she needed some money to buy some things that the baby needed and he refused to give her anything. She had to call me to send her money for diapers for the baby and misc things that she needed for herself. She told him that she was tired of him treating her this way and told him that she was leaving him. He told her to go ahead and for her to figure a way for herself to get "back home" (to my moms house) he refused to help her.



My mom and I sent her some money to take a plane back to California. She got back and she told him that she is going to send him to Child Support because during pregnancy and during the baby's time born, he didn't give her a dime for the baby. My mom and I were helping her the whole way thru. He told her that she better not or else he is going to fight her for Child Custody. Since Fil said this to Jess, she has decided not to go thru with the Child Support because she doesn't want Fil in any part of the baby's life. (Please keep in mind that Fil's family have a history of violence and drug abuse. He moved back home with his mom which is also housing his two sisters who are also drug users..)

Jess doesn't want this kind of life for Chris so she doesn't want Fil in his life.



Fil has no money and no job. He tells her that either way he will win and there is nothing she can do about it. So at this point, she is really scared. She wants no part of Fil but at the same time needs Child Support. He has not made any attempt to buy Chris anything or even trying to contact Jess to find out if she needs some thing for Chris.



My Question -

What will happen if they are sent to court?

Should Jess still file for Child Support?

By doing so, does this mean that Fil has a right to see or visit Chris?

Is there a possible way that Jess can just get full custody and also get Child Support?



Please give me your input.



Thanks so much!!

[V057]

She can get full custody and still get child support. However, if she refuses visitation to him it will cause problems (with or without child support). He will not get custody of the child. You need to collect evidence and document the people that Fil & his family hang around with. If they have criminal records that is a good arguing point for supervised visitation. I'm sure she is afraid of what will happen to her child growing up in an environment surrounded by druggies. You need to contact legal aid. In Missouri we can get their number through family services so I'm sure they have something similar in Cali. I'm not sure about Cali, but here if she files for any type of state aid, then the state will go after him for child support. They don't even consider visitation when that happens. That is a whole different court case and set of hearings. So, unless Fil happens to have money for an attorney to take her to court and TRY to get custody for himself, she doesn't have anything to worry about. Also, if she can provide the baby with its own room that would help too, but is not necessary as an infant. If it did go to court, you need to prove that Fil is a piece of crap and possibly dangerous to the child and that your sister can provide for the child and give it the best care.

[redvelvetflames4ever369]

I would be shocked if Fil didn't hit her at any point during the pregnancy since he definitely exhibited the signs of a controlling partner that undoubtedly leads to domestic violence. As for your questions.

The courts will determine how much he has to pay based on his wages. Since he is not employed they will still impose he has to pay X amount and if he doesn't pay it goes into arrears (the money will continue to grow and 20 years from now he will still owe the money.) Should she file? With everything you wrote let sleeping dogs lie. He is not something (calling him a thing) she should want in the child's life. Will he have the right to visit the child? Absolutely unless she can prove the visits must be supervised. Lastly, yes. She can get full custody especially with everything you wrote (drugs, family, controlling issues, etc....) but I repeat he will undoutedly still receive visitation rights unless she can prove the visits must be supervised. Unfortunately, the courts no matter how bad a person is believe a child has to have the parent (mother/father) in the childs life and with some intervention (example, domestic violence classes, alcohol, drugs) everything is now peachy keen and the bastard has changed.

[Ron248]

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