child support, figuring amount...

[esperanza]

state- arizona

my brother had a child with a girl that is here illegally, she entered on a visitor visa and overstayed for many years now. she has received benefits from the state and they are now in pursuit of child support for the child and repayment of the benefits received by her for child. he did not know about the child until he got served papers by courts.

my question is, how will they figure income being that she works illegally and won't be reporting that income. only his will be counted and that is unfair. he should pay support but how can she live here illegally and reap the benefits. could she be deported and the child support payed to her in mexico? she has no way of becoming legal here. what can he do so that he is not paying all the support and her none of the responsibility? she has no social security number, or so she told the courts, but she works with a fake number.

can she remain here illegally in full view of the courts and receive child support? the child can't be forced to go to mexico because it is a u.s. citizen so what do they do in these cases of illegal mother and u.s. citizen child?

 

[LegalBeagle]

state- arizona

my brother had a child with a girl that is here illegally, she entered on a visitor visa and overstayed for many years now. she has received benefits from the state and they are now in pursuit of child support for the child and repayment of the benefits received by her for child. he did not know about the child until he got served papers by courts.

my question is, how will they figure income being that she works illegally and won't be reporting that income. only his will be counted and that is unfair. he should pay support but how can she live here illegally and reap the benefits. could she be deported and the child support payed to her in mexico? she has no way of becoming legal here. what can he do so that he is not paying all the support and her none of the responsibility? she has no social security number, or so she told the courts, but she works with a fake number.

can she remain here illegally in full view of the courts and receive child support? the child can't be forced to go to mexico because it is a u.s. citizen so what do they do in these cases of illegal mother and u.s. citizen child?

This is too complicated to answer.. or my answer is going to take up to much of my time. Your brother needs a family law attorney, simple as that.

Oh, and all she has to do to get legal is marry a USC.

 

[esperanza]

he has an attorney who has only told him that he will pay less money if her income is not included. i know she can marry a usc, but she is a lesbian and doesn't have plans to marry anytime soon. she has no reason to become legal when she can live here illegally and get everything she needs, etc.

does anyone know since she can't legally file tax papers will he be able to claim the child since he will be providing 100% of child support since she has "no income"?

 

[LegalBeagle]

he has an attorney who has only told him that he will pay less money if her income is not included. i know she can marry a usc, but she is a lesbian and doesn't have plans to marry anytime soon. she has no reason to become legal when she can live here illegally and get everything she needs, etc.

does anyone know since she can't legally file tax papers will he be able to claim the child since he will be providing 100% of child support since she has "no income"?

Yes he can claim the tax deductions. When it comes to the CS calculations, demand that she produces a full Financial Affidavit with all supporting documents, ie, tax returns etc.. If she does not, when in front of the judge state that you are unable to work out any figures because she refuses to comply.

 

[esperanza]

thanks legalbeagle. i will let my brother know how to counter her saying she doesn't work.