Monday, August 23, 2010

Need some legal advice!!!?

Ok my sister was put in jail this past weekend for nonpayment of child support, she hadn't paid in 2 years. Well we're trying our best to get her out of there asap so she can continue with her payments and avoid this from happening again. She's a good mother and person but she got her son taken away from her by her ex at a very young age when she didnt know what she wanted I guess. Anyways, her son lived with her until he was 8 years old and her ex claimed on the child support that the child was living with him since he was born so she's having to pay back child support or whatever its called when the child wasnt with him for all that time. My sister never put child support on him bc that was there agreement and although he hardly ever helped her out she still didnt do anything but as soon as her ex got custody of the child he immediately put child support on her and even reported her for not paying up. Can my sister get rid of these years of back child support if she has proof? helpNeed some legal advice!!!?
So the child has now been living with the father for 8 years? I assume that was when she was ordered to pay back child support? This is something she should have taken care of 8 years ago and the court will question why she didn鈥檛 do that. What kind of 鈥榩roof鈥?does she have and why has it taken her 8 years to provide it? She needs to talk to an attorney.





At 18 a person gets to decide where you live. Until then the judge decides. At 16, the judge will take the minor鈥檚 wishes into consideration, but he/she takes many other things into consideration too. The judge does not have to abide by the child鈥檚 wishes. And the fact that Mom has not paid child support in 2 years is *really* going to work against her (she's asking for custody of a child that she's failed to provide for!). But IF (and I personally think it鈥檚 a pretty big IF) the judge awards custody to Mom, then Dad will have to pay child support to her (but not until the court orders it). However, Mom will still have to pay Dad any back support that she still owes him.





And by the way, the child can't just 'move out' and if he moves out and your sister takes him in/hides him/attempts to keep him from the custodial parent/etc, then her situation will be even worse because it鈥檚 illegal for her to do that. If she wants custody, she has go through the court.





Tell her to talk to an attorney.Need some legal advice!!!?
get a lawyer
if she kept reciepts and taxes etc., yes she can fight back, but she will need a lawyer. and a good one. if she has proof, that the taxes were never claimed by him it will better, it show he never had financial responsability over the child.
she needs a really good laywer...
The child is def old enough to make the decision of where to live, and the child support should stop from that point on, and yes, she can go after him for support if she wants.





The back support now, tell her to get as much proof as she possibly can to prove the child lived with her during that period and get a lawyer. Why hasn't she tried to stop it all those years?
Websites like FindLaw, LawGuru are some of the free legal advice resources available. More information at http://www.uelp.org/freelegal.html
hell yes but the proof must be airtight and if it is most states will not only make him pay it back but because he knowingly did this could hopefully spend time in jail. i dont usually side with women on this subject but i spent time in jail for the same sortof thing 90 days for 300 bucks to be exact and i would just appeal the court decision and bond her out it takes like 24 hrs to do and get a dirty lawyer because you dont care about morals you want to win because i hate to see good people being chewed up by the system
Honey, don't you know where to get legal advice. Get out your telephone book and look in the yellow pages in the ';A'; section until you find a list of ';Attorneys';. Then find a Family Law attorney who offers ';free initial consultation';. You then pick up your telephone and dial the phone number. And please do not give your jailbird sister advice from a yahoo who is not an attorney.
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