Legal Question in Family Law in California

is this a threat?

my brother and his exgirlfriend have a child together and no longer live together. he has their son 4 days a week and she has him the other 3. when they split she has tried to get him for child support and now her lawyer sent him a letter stating ''do not claim caleb on your taxes'' if he does, the lawyer will set a trial date and take my brother back to court for child support and try to make him pay the lawyer and court fees. what can he do about it? the whole time they lived together my brother payed the bills and took care of the family while she worked part time up until the last 4 mos of 2007 where she finally started working full time. isnt he entitled to claim my nephew on his 2007 taxes, and if he does, does the lawyer have the right to pursue legal action? one more question, is the letter he sent my brother a form of blackmale?


Asked on 1/19/08, 5:03 pm

1 Answer from Attorneys
Phillip Lemmons, Esq. Phillip Lemmons APC, Attorneys at Law

Re: is this a threat?

No the letter isn't blackmail the lawyer is just using his only leverage. Whether or not your brother claims his child, exgirlfriend will likely seek a child support order. I would ask her for her financial information so they can determine how much, if any, support she is entitled to receive. If she's entitled to support, I would pay it and remove her leverage.

Read more
Answered on 1/26/08, 1:12 pm


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in California