Q: My brother in law is petitioning the court for full custody of 16 yr old son. He continues to pay child support!
He said he can’t stop or he’ll be in contempt. Can the funds be placed into an escrow account pending custody to change order petition? If not, can he sue her afterwards for overpayments?? How does that work? We are in Hendersonville, North Carolina.
He petitioned the court for change in custody agreement. His ex is a bit of a bully and texting the kid awful things! She is verbally abusive and I suggested he ask for a guardian ad litum for him. The child was scheduled to be with his dad for the whole summer but his mom is saying dad is in contempt for not bringing him home a week ago. Dad filed a month ago for full custody. Both dad and mom have altered custody agreement in the past to accommodate children and schedules. Both parents are recently remarried...
I feel so bad for my brother-in-law that he has to still pay her even when he’s got his son.
Help!
A:
You have the wrong idea about how things work.
"He said he can’t stop or he’ll be in contempt." This is potentially true. Your brother in law needs to pay his court ordered child support.
Can the funds be placed into an escrow account pending custody to change order petition? Of course not. This is a ridiculous idea. What are you suggesting, that the mother do without the court ordered child support the entire time the custody case is pending?
If not, can he sue her afterwards for over payments?? Really? What over payments? Your brother in law owes child support right up until the day the Court orders otherwise. There likely won't be any over payment.
He petitioned the court for change in custody agreement. His ex is a bit of a bully and texting the kid awful things! She is verbally abusive and I suggested he ask for a guardian ad litum for him. The child was scheduled to be with his dad for the whole summer but his mom is saying dad is in contempt for not bringing him home a week ago. Dad filed a month ago for full custody.
If you are saying dad (presumably your brother in law) unilaterally decided to keep the child beyond the time that was allowed because he has filed for custody, then your brother in law has likely just sunk any chance he has of getting custody changed and will likely find a sheriff's deputy at his door any day if mom talks to an attorney. Your brother in law needs to hire an attorney and follow their advice regarding payment of support and changing custody.
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