Guardianship/Child Support

this8384 · Dec 30, 2010, 09:46 AM

Quote:

Originally Posted by Meca311

I live in California and my question is this... I have had Guardianship of my brother for 3 years now after our mom passed away, he's 14yrs old .His father was in Jail for I don't remember how many years. But he had gotten out in mid 2008.. So a few months after our mom passed away. He's been in and out of jail throughout his life so he has a pretty long record. And he's on probation now.

I've been supporting my brother since then and his father only pops around every couple of months to see him. To bring him a couple of new clothes or new shoes then he disappears again and we don't see him for another couple of months. Yet he swears up and down he's done so much for him.

Now he's being ordered to pay child support and now ALL OF A SUDDEN his father wants to tell them he lives with him so he doesn't have to pay child support. My brother prefers to live with me. Do I have any rights as having Guardianship of my brother? Can his father just come in after all this time of him living with me and just take him all because he doesn't want to pay child support? That's just so low of his father to want to do that. I don't want his child support! I don't want any money from him! We are doing fine without him in our lives.

But if he does that can I take him to court or would/will he have to take me to court because I'm not just going to "give up" my brother to him because he's a dead beat and refuses to pay child support and his bright idea is to claim my Bro lives with him. We have a settlement conference next month to discuss "a fair and reasonable" amount. What can I expect at the settlement conference, if they ask who's my brother living with his father is going to claim he's living with him and that's not true.

How old are you? If you have legal guardianship that the court granted you, then the father will most likely not be awarded custody due to the fact that it would create a definite upset in the child's life. However, if there is no court order, then you have no right to keep the child.

If there is a court order, I wouldn't worry about it. You'll be able to show the child is living with you and if it comes down to it, he is old enough to meet with a guardian ad litem.

Parents lie to the court all the time to try and get their way; you should have seen some of the things my husband's exwife said about him and I this year when she was trying to get their kids back.

Meca311 · Dec 30, 2010, 10:17 AM

Quote:

Originally Posted by this8384

Quote:

Originally Posted by Meca311

I live in California and my question is this... I have had Guardianship of my brother for 3 years now after our mom passed away, he's 14yrs old .His father was in Jail for I don't remember how many years. But he had gotten out in mid 2008.. So a few months after our mom passed away. He's been in and out of jail throughout his life so he has a pretty long record. And he's on probation now.

I've been supporting my brother since then and his father only pops around every couple of months to see him. To bring him a couple of new clothes or new shoes then he disappears again and we don't see him for another couple of months. Yet he swears up and down he's done so much for him.

Now he's being ordered to pay child support and now ALL OF A SUDDEN his father wants to tell them he lives with him so he doesn't have to pay child support. My brother prefers to live with me. Do I have any rights as having Guardianship of my brother? Can his father just come in after all this time of him living with me and just take him all because he doesn't want to pay child support? That's just so low of his father to want to do that. I don't want his child support! I don't want any money from him! We are doing fine without him in our lives.

But if he does that can I take him to court or would/will he have to take me to court because I'm not just going to "give up" my brother to him because he's a dead beat and refuses to pay child support and his bright idea is to claim my Bro lives with him. We have a settlement conference next month to discuss "a fair and reasonable" amount. What can I expect at the settlement conference, if they ask who's my brother living with his father is going to claim he's living with him and that's not true.

How old are you? If you have legal guardianship that the court granted you, then the father will most likely not be awarded custody due to the fact that it would create a definite upset in the child's life. However, if there is no court order, then you have no right to keep the child.

If there is a court order, I wouldn't worry about it. You'll be able to show the child is living with you and if it comes down to it, he is old enough to meet with a guardian ad litem.

Parents lie to the court all the time to try and get their way; you should have seen some of the things my husband's exwife said about him and I this year when she was trying to get their kids back.

I'm 29yrs old. We have to go on the 11TH to meet with a child support attorney to discuss our financial situation and come to something fair and reasonable. His father isn't working he's getting unemployment benefits

Meca311 · Dec 30, 2010, 10:22 AM

Quote:

Originally Posted by this8384

Quote:

Originally Posted by Meca311

I live in California and my question is this... I have had Guardianship of my brother for 3 years now after our mom passed away, he's 14yrs old .His father was in Jail for I don't remember how many years. But he had gotten out in mid 2008.. So a few months after our mom passed away. He's been in and out of jail throughout his life so he has a pretty long record. And he's on probation now.

I've been supporting my brother since then and his father only pops around every couple of months to see him. To bring him a couple of new clothes or new shoes then he disappears again and we don't see him for another couple of months. Yet he swears up and down he's done so much for him.

Now he's being ordered to pay child support and now ALL OF A SUDDEN his father wants to tell them he lives with him so he doesn't have to pay child support. My brother prefers to live with me. Do I have any rights as having Guardianship of my brother? Can his father just come in after all this time of him living with me and just take him all because he doesn't want to pay child support? That's just so low of his father to want to do that. I don't want his child support! I don't want any money from him! We are doing fine without him in our lives.

But if he does that can I take him to court or would/will he have to take me to court because I'm not just going to "give up" my brother to him because he's a dead beat and refuses to pay child support and his bright idea is to claim my Bro lives with him. We have a settlement conference next month to discuss "a fair and reasonable" amount. What can I expect at the settlement conference, if they ask who's my brother living with his father is going to claim he's living with him and that's not true.

How old are you? If you have legal guardianship that the court granted you, then the father will most likely not be awarded custody due to the fact that it would create a definite upset in the child's life. However, if there is no court order, then you have no right to keep the child.

If there is a court order, I wouldn't worry about it. You'll be able to show the child is living with you and if it comes down to it, he is old enough to meet with a guardian ad litem.

Parents lie to the court all the time to try and get their way; you should have seen some of the things my husband's exwife said about him and I this year when she was trying to get their kids back.

He said he's going to say he lives with him so they don't mess his money up. What kind of sh!t is that? It's a settlement conference at the superior court of CA

this8384 · Dec 30, 2010, 10:40 AM

You still haven't answered my question. How were you awarded guardianship? If it wasn't done legally and through the court, you don't have any claim to keep your brother. My assumption is that is was done correctly, as you're discussing child support - if you didn't have the legal right to keep the child, I'm sure they wouldn't even be talking to you anymore.

It doesn't matter if he's working or not. If they order him to pay support, he has to pay it regardless of what his income is.

And if the only thing he's saying is that the child lives with him, I'd consider yourself lucky. My husband was accused of being physically abusive and I was accused of leaving three children unattended for hours on end. Nice, isn't it?

Meca311 · Dec 30, 2010, 11:00 AM

Quote:

Originally Posted by this8384

You still haven't answered my question. How were you awarded guardianship? If it wasn't done legally and through the court, you don't have any claim to keep your brother. My assumption is that is was done correctly, as you're discussing child support - if you didn't have the legal right to keep the child, I'm sure they wouldn't even be talking to you anymore.

It doesn't matter if he's working or not. If they order him to pay support, he has to pay it regardless of what his income is.

And if the only thing he's saying is that the child lives with him, I'd consider yourself lucky. My husband was accused of being physically abusive and I was accused of leaving three children unattended for hours on end. Nice, isn't it?

I was awarded Guardianship at the court in front of the judge. Our mom passed away, he was in Jail, it was the common sense thing to do.

this8384 · Dec 30, 2010, 11:11 AM

Quote:

Originally Posted by Meca311

I was awarded Guardianship at the court in front of the judge. Our mom passed away, he was in Jail, it was the common sense thing to do.

I agree with you completely. Sounds like the kid's dad is a real doofus. I wouldn't worry about it. Stick to fact, prove what you can because court always boils down to proof.

Meca311 · Dec 30, 2010, 11:17 AM

Quote:

Originally Posted by this8384

Quote:

Originally Posted by Meca311

I was awarded Guardianship at the court in front of the judge. Our mom passed away, he was in Jail, it was the common sense thing to do.

I agree with you completely. Sounds like the kid's dad is a real doofus. I wouldn't worry about it. Stick to fact, prove what you can because court always boils down to proof.

Thank you so much for your opinion and help I greatly appreciate it!.

this8384 · Dec 30, 2010, 11:31 AM

No problem; let us know how everything works out!

cdad · Dec 30, 2010, 02:25 PM

Quote:

Originally Posted by Meca311

I live in California and my question is this... I have had Guardianship of my brother for 3 years now after our mom passed away, he's 14yrs old .His father was in Jail for I don't remember how many years. But he had gotten out in mid 2008.. So a few months after our mom passed away. He's been in and out of jail throughout his life so he has a pretty long record. And he's on probation now.

I've been supporting my brother since then and his father only pops around every couple of months to see him. To bring him a couple of new clothes or new shoes then he disappears again and we don't see him for another couple of months. Yet he swears up and down he's done so much for him.

Now he's being ordered to pay child support and now ALL OF A SUDDEN his father wants to tell them he lives with him so he doesn't have to pay child support. My brother prefers to live with me. Do I have any rights as having Guardianship of my brother? Can his father just come in after all this time of him living with me and just take him all because he doesn't want to pay child support? That's just so low of his father to want to do that. I don't want his child support! I don't want any money from him! We are doing fine without him in our lives.

But if he does that can I take him to court or would/will he have to take me to court because I'm not just going to "give up" my brother to him because he's a dead beat and refuses to pay child support and his bright idea is to claim my Bro lives with him. We have a settlement conference next month to discuss "a fair and reasonable" amount. What can I expect at the settlement conference, if they ask who's my brother living with his father is going to claim he's living with him and that's not true.

There is no settlement conference as your describing. Also there is no such thing as fair and reasonable amount. What it sounds like your going to do is set the child support amounts. California already has a guideline and it called a dissomaster. The numbers go in and that is what the NCP pays. That is all there is to it. You can agree to a different amount but if it falls short of the guideline (dissomaster) then you will have to explain it to the judge.

The only point of contention is the time spent with the father. As of now your making the claim that he will be claiming the child lives with him. So bring proof. Like school records etc. They should have YOUR address on them. Bring anything you may need to prove he lives with you.

Also you better read your paperwork as you might be heading into mediation prior to the setting of the support issue so the proper figures can be put into the dissomaster.

Guardianship/Child Support

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