Legal Question in Family Law in California
The mother of my nephew (my brother's ex-GF) blackmails my brother everytime they have an argument. She uses my nephew since she knows how much we love him. She's always threatening my brother she'll increase the child support he's paying right now, will move him to another school so my mom (the child's grandma) will no longer pick him up to & from school. My brother is currently married with 1 daughter. My nephew currently lives with his mom and my brother picks him up when he's off from work (usually 1 day/week), but goes home to his mom at night. Is there anyway my brother can get his child alimony lower? And what can he do to stop her from blackmailing him and always increasing his child support when she's mad at them? Thank you in advance.
1 Answer from Attorneys
If your brother's wife will agree, he should consider asking the court to increase his time with his son. Threatening to move in order to interfere with the father/son relationship is not viewed well by the courts and may result in more time with your brother/his dad. He can also make a good case that being in a two-parent household with a sibling is a better environment for the boy. And the more time he has with his son, the lower the child support, since he is presumed to be spending more while the boy is with him more.
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