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My brother is in jail and wants to continue to pay support…

Customer Question
My brother is in...

My brother is in jail and wants to continue to pay support as he always has. He has business income that I manage for him at this time. The mother just got full physical and legal custody plus dropped all support orders( she no longer wants his money) and was granted everything she wanted. Now she is asking for money for school clothes and support but wants me to deposit the money monthly into a minors account as a gift???

Lawyer's Assistant: Because education law varies from place to place, can you tell me what state this is in?

Ca

Lawyer's Assistant: Has anything been filed or reported?

My fear is that she has applied or will apply for aid and my brother will be responsible for paying the state back.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Yes, my brothers custodial rights were taken away and there is now no support order.

Submitted: 6 months ago.Category: Family Law
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Answered in 6 minutes by:
8/2/2017
Family Lawyer: Infolawyer, Lawyer replied 6 months ago
Infolawyer
Infolawyer, Lawyer
Category: Family Law
Satisfied Customers: 59,654
Experience: Experienced lawyer
Verified

Hello and welcome. I am working on your answer and will be right back!

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Family Lawyer: Infolawyer, Lawyer replied 6 months ago

As a legal matter, you should not do anything she asks unless your brother directs you to. He only should direct you if he wishes to do so or if a court order directs him to. Otherwise her wishes are not binding at all. Is that clear?

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Customer reply replied 6 months ago
all of that is clear. My brother wants and has always wanted to pay support. He has never missed a payment and has had shared custody until June of this year.
He wants me to pay support but to the mothers account not the child's account.
I guess my question is in two parts.
A ) is there a way to pay support on record even though she has denied support in court?
B ) can the state come after my brother if she goes on aid for the money?
Oops 3 parts
C) is it possible for him to set up support pmts with out the mother wanting it?
It seems she is up to simething funny if she doesn't want the money to go into her account, just saying. Some people do try to work the system and she has proven to be that type.
Family Lawyer: Infolawyer, Lawyer replied 6 months ago

a. I dont see how this can be done other than how required and agreed direct to the spouse unless court modifies it.

b. I dont see basis for that as long as he is paying in full as agreed.

c. He could make payments directly. Money should go into her account. sometimes trust accounts are set up though for benefit of the child, which is perfectly legal.

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Family Lawyer: Infolawyer, Lawyer replied 6 months ago

Is the answer clear and acceptable?

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Customer reply replied 6 months ago
B there is no current agreement ? She just wants monthly gift money equal to the support he has always paid.
If there is no agreement or court order for support does it still count as support ?
She has lied before to get unemployment. She lied on court docs about her income.
Pretty sure she is trying to get state aid by lying about income and that's why she wants the money as a gift!
Wouldn't that mean they could come after him to pay back the state ?
Family Lawyer: Infolawyer, Lawyer replied 6 months ago

If there is no agreement, but he wants to do it, on the checks he should write "support" so she cannot later claim back support.

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Family Lawyer: Infolawyer, Lawyer replied 6 months ago

if she is playing games with agencies, he should be help that and pay her directly. what she does with it is her issue.

Good luck!!

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Family Lawyer: Infolawyer, Lawyer replied 6 months ago

Kindly rate me 5 stars.

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Customer reply replied 6 months ago
Not understanding when you answered...
He should be help that?
Family Lawyer: Infolawyer, Lawyer replied 6 months ago

If she is trying to hide money by having it paid elsewhere he should not help do that and if he wants to help, should pay her. what she does with the money and how she deposits it or transfers is up to her but he is not involved.

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Customer reply replied 6 months ago
Yeah that's pretty much what I told him too!
Thank you
Family Lawyer: Infolawyer, Lawyer replied 6 months ago

very welcome

Kindly rate me positively.

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