My brother's son has been living with him for 6 years. Neither he nor his ex girlfriend have legal custody but he allows her to see him whenever she wants. Problem is she is receiving child support and he doesn't live with her. He is 14 years old. Also whenever she has him he misses school, so far over 20 days because of her. My brother is frustrated. She also keeps picking him up from school early even though my brother has told the school not to release him to her when she does that. When she gets angry with us she picks him up, keeps him away and won't answer the phone. We sent the police for a wellness check recently. She doesn't contribute to his care. We pay for everything. She spent buy him clothes we do. We pay for everything when it comes to education. She ie receiving public assistance for him even though he doesn't live there. My brother contacted social services they said just leave it alone.
Our system of child support has become so corrupted that any woman with a birth certificate can petition for money paid by the father of the kid. No other facts matter except the W-2s (or self employment tax returns).
I have a case now where the city employee who draws $90,000 in W-2 income is the primary caretaker for a twelve year old (whose mother obtained an order from an IDV judge to stay child support payments) and two kids whose time he has equally with another mother. This lady waltzed in to a support court and obtained a $370 per week support payment leaving dad devoid of any money to pay bills. This lady left the household to go back to the bar scene and dad had to maintain a home for all these children.
Eventually, the support court trimmed his payments to under $200 per week infuriating the mother, but that full time child still gets zero. How does this relate to your case? The man is always presumed to be the support obligor as long as the mother comes to family court and says she needs money for a kid. No one checks the reality of the situation -- whether other children are starving. There is also no consideration of the fact that the dad is suddenly placed at risk of incarceration should he fail to pay on that order of support. Stated another way, to ensure one kid's mother gets a check, the court will sacrifice a parent and deprive another kid of a check.
This patchwork quilt of unstable families is the result of child support and your brother has to retain a lawyer to get an order of custody and have the mother pay support. The state has to get an order of support out of all this to obtain its matching fund from the Fed.
Who actually has legal custody of the child?
This response is only general information and is not legal advice. It does not form an attorney-client relationship and should not be relied upon to take or refrain from taking any action. You should seek a qualified attorney before taking any action related to your inquiry.
Unfortunately, your brother is facing a variety of complex custody, visitation and child support related issues. He would be best served by consulting with a local, experienced matrimonial/family law lawyer to further explore how New York State law applies to the facts of his case.
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