Illegally moved child out of state.

[clemke314]

Hi everyone,

I'm trying to help out my brother and get some advice so he can decide if this is worth pursuing. Here's the issue:

Back in 2002 my brother and his (ex)girlfriend agreed that their daughter could move to Louisiana. His girlfriend agreed that as long as she lived in Louisiana with their daughter, he wouldn't have to pay child support. My brother's daughter along with her mother returned to Illinois after hurricane Katrina hit in 2005. His daughter is now almost 19, and the agreement that was made about "waiving the child support" while she was gone is now all of a sudden "not true" according to the mother (she hasn't had a job in years, and is lazy to the point where she'll never have one again). She was granted state aid, and according to my brother, the state noticed approximately 3 years of back child support (which the mother agreed she wouldn't take while out of state), and the state told my brother he still owes her somewhere in the range of 30k, that's mainly why the mother took back her promise. But, from what I have read, if they both had joint custody at the time, regardless if they agreed, the mother would have had to get the court's permission, and they would both have to have it in writing. My brother said he never signed any documents allowing his daughter to leave, and that the mother never told the court recently or ever for that matter that she took their daughter out of state for 3 years. So my question is, is the courts permission absolutely necessary if a parent moves their child out of state, even if both parents at the time had joint custody? And if so, what penalties would the mom face, and would that child support potentially be dismissed if the state did notice that the child was out of state for 3 years, and possibly illegally as well?

Thanks so much for your help,
-Chris

 

[army judge]

Your brother would have to PROVE the mother took the child out of state.
If nothing was in writing, it'll be very hard to prove.
However, it can't hurt your brother to talk to four or five attorneys and determine what options he might have to thwart her claim of $30,000 in back child support.

 

[clemke314]

Your brother would have to PROVE the mother took the child out of state.
If nothing was in writing, it'll be very hard to prove.
However, it can't hurt your brother to talk to four or five attorneys and determine what options he might have to thwart her claim of $30,000 in back child support.

Proving she moved out of state is the easiest possible thing to do. I know there is no way to prove the waiving of the child support while she was gone, but I think taking her out of state for roughly 3 years without the states approval, can help get my brother from paying anymore money. The mother literally hasn't had a job in almost half a decade, she still lives with her parents, and lies to everybody about what she does. This whole going back on the promise was just another way to not have to do anything and get money.

 

[disagreeable]

If there was never court ordered support, at most he should only be required to pay back the state she lied to for the years they paid. They could elect to prosecute her for fraud if she collected for years she lied on the paperwork and put her in jail.

 

[clemke314]

If there was never court ordered support, at most he should only be required to pay back the state she lied to for the years they paid. They could elect to prosecute her for fraud if she collected for years she lied on the paperwork and put her in jail.

From my understanding, my brother is required to pay child support, but the agreement (verbal, unfortunately) was that the mother wouldn't take any child support for as long as they stayed in Louisiana. The part he told me today, is that recently, the mom applied for public aid and the state (looking for funding, I think) noticed my brother still owed, that's why she told the state there was never an agreement so she can get the money. He also told me today she said "I have a record of a check I wrote out to you, that you were supposed to use to 'get the paperwork done'" even though that shouldn't be his responsibility if she was the one moving out of state with their daughter. To me that also sounds sketchy to me, like she knows she can get in trouble, and on top of that she is a pathological liar.

 

[shrinkmaster]

A verbal agreement is only as good as the paper its written on. Beside if Mom went on State aid that agreement is not binding ( not binding anyways) with the state who had to support child. At very least he will owe state monies for aid Mom got for child

 

[KatDini]

The money is owed to the State, not Mom, given the fact that Mom was on State aid.

 

[army judge]

Proving she moved out of state is the easiest possible thing to do. I know there is no way to prove the waiving of the child support while she was gone, but I think taking her out of state for roughly 3 years without the states approval, can help get my brother from paying anymore money. The mother literally hasn't had a job in almost half a decade, she still lives with her parents, and lies to everybody about what she does. This whole going back on the promise was just another way to not have to do anything and get money.

If you wish, hire an attorney.
I don't need to know anymore about this.
I am a nobody.
I have no power to hurt or help anyone.
You need to tell all of this to a court, or whoever cares needs to go to court, assuming thay have standing.
I gave you information, you are free to see some local attorneys, or go it alone.
Good luck.