Should Support Be Paid to a Noncustodial Parent

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Quoting tipnluv

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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?

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Let me explain something to you. Until and unless the COURT says otherwise, either parent - NO MATTER WHERE THE CHILD LIVES - is entitled to at least file for interim support.

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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"

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I strongly suggest that your brother actually sits down with an attorney. You do not need to be present, given that it is simply not your legal matter and it matters not what you think.

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Quoting Dogmatique

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I strongly suggest that your brother actually sits down with an attorney. You do not need to be present, given that it is simply not your legal matter and it matters not what you think.

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Totally agree.

You need to butt out of this. You aren't a party to the action and all your interference can do at this point is hurt your brother.

Learn some boundaries.

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Quoting Dogmatique

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Let me explain something to you. Until and unless the COURT says otherwise, either parent - NO MATTER WHERE THE CHILD LIVES - is entitled to at least file for interim support.
I strongly suggest that your brother actually sits down with an attorney. You do not need to be present, given that it is simply not your legal matter and it matters not what you think.

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my question was not if either parent is entitled to file... and the same post that you took this sentence from also read that THREE Florida attorneys have responded and stated that NO the advice given to my brother by his attorney was not accurate.

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Quoting tipnluv

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my question was not if either parent is entitled to file... and the same post that you took this sentence from also read that THREE Florida attorneys have responded and stated that NO the advice given to my brother by his attorney was not accurate.

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And the reason you're so completely and utterly overstepping here is... what again?

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Quoting tipnluv

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...and most importantly my brother's 2 biological sons and 2 step daughters...

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The child support would relate to his biological children, not his stepchildren.

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Quoting tipnluv

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...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.

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The underlying issue may be what is required by a temporary custody and support order. If there is a temporary custody order that gives mom custody, even if she is temporarily placing the children with a third party while she establishes herself in a new home and/or job, she has custody.

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Quoting tipnluv

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This is when my brother's attorney filed for an emergency relocation order.

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From that statement, it appears that there is a temporary custody order granting mom custody, and it has not yet been modified in response to this "emergency relocation order"? If so, that would be appear to be why the attorney is concerned that the court will award the child support to mom, as the custodial parent. Perhaps, also, the lawyer's concern is that if dad cuts off support despite mom's having temporary custody, mom will immediately take the children back into her custody.

Exactly what relief did dad ask for in the "emergency relocation order"? As he's not caring for his children, himself, it seems reasonable to infer that he's not seeking custody -- so what is he trying to accomplish?

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Quoting tipnluv

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I have repeately told my brother to please get a 2nd opinion/consult another attorney....

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Why is he choosing not to consult another lawyer?

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Quoting EA1070a

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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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By all means.

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Quoting tipnluv

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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?

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The law doesn't change based on gender. What matters? The facts.

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Quoting tipnluv

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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.

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That may be what he is obligated to do under the court's current temporary orders. Tell us about any temporary custody order, and their provisions for temporary child support.

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Quoting tipnluv

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...but I have had 3 FLORIDA attorneys say that's not right...

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You are telling us that three other Florida family lawyers have actually reviewed the court's orders, and have expressed that dad has no present obligation to pay child support and that there is no chance that the court will order retroactive child support at the conclusion of the case? To put it mildly, I'm skeptical, but... if that's true, why are you here?

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Quoting tipnluv

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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...

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Their status as stepchildren is important -- as stepchildren they're not subject to the divorce court's jurisdiction in your brother's case, either for child support or for custody.

This will be my last post on this site. I am truly astonished at the extreme lack of reading comprehension skills displayed here. I posted a question "if a parent that left the children and left town was entitled to receive child support before the divorce hearing/before the court's decision... I have received the most asinine responses that never addressed my question. they are OPINIONS without legal basis from many that seem to have an insatiable need to feel superior and derogate others. I received replies from actual attorneys on ANOTHER site.. their names, titles and locations included.. and what is most astounding is that when I posted my responses from the actual attorneys, people on this site still posted opinionated blabber in contradiction to what the attorneys stated. UNREAL! I never said I was giving my brother legal advice.. I repeated in every post that I told my brother he should consult another attorney.. to get a 2nd opinion... this site is more of a social networking site NOT at all for competent legal advice. Responding to this post may satisfy your need to put your underpowered intelligence into print but will actually be completely futile as I am NOT logging onto this site ever again.. I may refer this site to teenage relatives that like sharing opinions and social networking but will NEVER refer this site to anyone with a legitimate legal inquiry. Good day to all.. and good riddance

Lack of reading comprehension? If you read my post and don't understand the importance of sharing with us relevant information about temporary orders, you have no business sniping at the people here who are trying to help you. For that matter, you have no business sniping, period, end of story. Nobody here is being paid to help you.

If attorneys are making the statements you claim without having access to more information than you have provided here, they're being dangerous, not helpful.

*flounce*

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Quoting EA1070a

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*flounce*

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Like!

(Does she realize that more than a few posters actually cross-post?)

(And if she posted on one particular forum, she would've been ripped to shreds?)