Should Support Be Paid to a Noncustodial Parent

My question involves child support in the State of: FL
my brother is going thru a divorce. the hearing is not until Dec. My brother's attorney advised him to put support pmts in an acct for his soon to be ex wife. He has done so since May...His attorney now said to make that pmt over $700 per month. He also pays his wife's car pmt of over $300. They have not had a divorce hearing yet and most importantly my brother's 2 biological sons and 2 step daughters are NOT with their mother. She left town in May. My brother works out of town and the four children are living my elderly retired mother. My brother feels he should be giving support to our mother but his attorney told him that FL law states he should pay his wife even if she is not in the same state with the children. What does the law actually state???? I don't think his attorney is comprehending all the facts. I first thought my brother just misunderstood but no, his attorney specifically told him that it is the law that he has to pay child support to his wife even though the children are not with their mother and NOT to pay support to our mother bc the law sees him and our mother as one in the same not separate.

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Quoting tipnluv

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My question involves child support in the State of: FL
my brother is going thru a divorce. the hearing is not until Dec. My brother's attorney advised him to put support pmts in an acct for his soon to be ex wife. He has done so since May...His attorney now said to make that pmt over $700 per month. He also pays his wife's car pmt of over $300. They have not had a divorce hearing yet and most importantly my brother's 2 biological sons and 2 step daughters are NOT with their mother. She left town in May. My brother works out of town and the four children are living my elderly retired mother. My brother feels he should be giving support to our mother but his attorney told him that FL law states he should pay his wife even if she is not in the same state with the children. What does the law actually state???? I don't think his attorney is comprehending all the facts. I first thought my brother just misunderstood but no, his attorney specifically told him that it is the law that he has to pay child support to his wife even though the children are not with their mother and NOT to pay support to our mother bc the law sees him and our mother as one in the same not separate.

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Your brother needs to be listening to his attorney...NOT YOU. Seriously, I am not trying to be snarky here. You may not understand why his attorney is advising him to do what he is doing, but you are the last person who should be suggesting that he ignore his attorney's advice. Divorces are complicated and its rarely wise for someone to disregard their attorney's advice.

my suggestion to him was to consult another attorney. I registered on this site to post my question for legal advice not for inane replies. Do not assume that everyone that posts an inquiry is as ignorant you. Not trying to be snarky.

I am surprised your brothers attorney has not filed for emergency custody since mom abandoned them with a relative.

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Quoting tipnluv

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my suggestion to him was to consult another attorney. I registered on this site to post my question for legal advice not for inane replies. Do not assume that everyone that posts an inquiry is as ignorant you. Not trying to be snarky.

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Alrighty then.

She left in May with all 4 of the children and returned the 2 biological children 2 wks later.. they had lost weight and the 8 year old said they were hungry and had very little food and were left with different people. This is when my brother's attorney filed for an emergency relocation order. It is a heartbreaking situation.. the children have a child guardian ad litem and have told everything that has happened to them in their mother's care.... I just wanted to know if it is really FL law that before a divorce, the man should pay the woman child support and her car pmt and her car insurance when she does NOT have a single child in her care... I feel it is only common sense to give the child support to the person who is caring for the children FULL TIME.. but is that in concurrence with the law? my mother has 4 children in her home.. 2 of the children are my brother's step children that the mother dropped off but said she would be back in 2 weeks to get.. but has not... she never registered them for school where she moved to so they are registered here in FL.. my mother is retired and on a fixed income.. all of her bills have gone up... My mother would give every dime she has to take care of all of the children and is not complaining at all about having them in her home....... at this time my brother cannot give my mother any financial help bc of his mortgage, attorney fees and pmts to his soon to be ex wife... his wife that is in another state and does not have a child with her... I have repeately told my brother to please get a 2nd opinion/consult another attorney....

Your brother is also an NCP, and mom may, in fact, be entitled to child support depending on how things go in court. Since they've already filed for divorce, his attorney's advice is smart re: putting the money aside.

If dad wants to throw down some money to help his mom out and can find a way to do so, he should.

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Quoting tipnluv

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She left in May with all 4 of the children and returned the 2 biological children 2 wks later.. they had lost weight and the 8 year old said they were hungry and had very little food and were left with different people. This is when my brother's attorney filed for an emergency relocation order. It is a heartbreaking situation.. the children have a child guardian ad litem and have told everything that has happened to them in their mother's care.... I just wanted to know if it is really FL law that before a divorce, the man should pay the woman child support and her car pmt and her car insurance when she does NOT have a single child in her care... I feel it is only common sense to give the child support to the person who is caring for the children FULL TIME.. but is that in concurrence with the law? my mother has 4 children in her home.. 2 of the children are my brother's step children that the mother dropped off but said she would be back in 2 weeks to get.. but has not... she never registered them for school where she moved to so they are registered here in FL.. my mother is retired and on a fixed income.. all of her bills have gone up... My mother would give every dime she has to take care of all of the children and is not complaining at all about having them in her home....... at this time my brother cannot give my mother any financial help bc of his mortgage, attorney fees and pmts to his soon to be ex wife... his wife that is in another state and does not have a child with her... I have repeately told my brother to please get a 2nd opinion/consult another attorney....

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Let me try.

It's legal, because there's no law saying that it can't happen.

This may surprise you, but that attorney sounds pretty good from where I'm sitting. Do you understand that the attorney is trying to prepare your brother for a worst-case scenario?

Do you think he'd be happier of he didn't put the monies aside and instead ended up being behind in support before he even got started?

Help him get an attorney. And be very, very sure you know what you're doing.

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Quoting EA1070a

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Your brother is also an NCP, and mom may, in fact, be entitled to child support depending on how things go in court. Since they've already filed for divorce, his attorney's advice is smart re: putting the money aside.

If dad wants to throw down some money to help his mom out and can find a way to do so, he should.

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Or I should have just said... yeah, what EA said.. :D

Let's just pretend for a moment.. it's the same sad situation but let's switch the genders.. now it is the male that left town and left the children in the care of their maternal grandmother... is this male entitled to child support pending the divorce??? gender bias? that question is actually retorical bc I posted my question on another legal advice site and 3 attorneys responded .. 1 said my brother must have misunderstood and maybe I should go with him to his next appt and the other 2 said his attorney advised him incorrectly and he should consult another attorney.. plus I looked up the FL statutes and they stated there is a deviation to the guidlelines if there is a parent out of state... also, I did not articulate correctly regarding the bank account.. my brother was not told to put money aside he was told to put money in an account and give his wife a debt card so she can access the money... he has been doing that reluctantly since May bc his attorney told him it was the law.. when she told him to up the amount to $740 knowing that all 4 children were not with their mother, that is when I began begging my brother to please consult another attoney... if another attorney told him it was law then fine I will shut my mouth.. but I have had 3 FLORIDA attorneys say that's not right... I do greatly appreciate everyone who took the time to respond to my post.. I did want to add that my brother feels tremendous guilt for not being able to financially assist our mother since she has taken on the full responsibility of a 17 yr old, 15 yr old, 8 yr old and 2 yr old.. the 2 eldest are not my brother's biological children but we have NEVER considered them step children.. I didn't like referring to them as step children in earlier posts... they are just as much family as the others... my brother texted his wife and told her she really should try to help my mother out since she has all of the children and his wife text back "I have my own bills to pay"

And the Effect continues.... :victorious: