J.L.
As far as child support goes - it is whatever county the two parents lived in TOGETHER last. If it was Montgomery County, they will go through the Montgomery County Child Support Enforcement Agency, if it is another state, it's the same way. It is WHATEVER county they lived in together last. (been through 3 divorces with my mom and my husband had a divorce while we were together, I learned a lot). If dad isn't doing so well and mom is doing a lot better (even in another country) more than likely she will be awarded the children in the custody battle. UNLESS you or your parents step in and do something about it. Make sure that EVERYTHING is documented, as far as expenses for the children go and how often mom calls, to what might happen if mom gets kicked out of her place again. Those are things the court will take into consideration. It also has a lot to do with their ages. If I am not mistaken the legal age to choose which parent you want to live with is 12. Maybe a little younger now. I am not completely sure. I would have a consultation with a lawyer and ask them what should be done to ensure the children remain in the U.S. and not shipped off only to be shipped back again because mom can't handle them. If she is awarded custody of the kids, I would make your brother put a clause in his divorce that SHE has to PAY ALL EXPENSES during the summer when the children are to come and visit him, or any other time he is awarded with them. If he is paying child support and she is making more money than him it will be something that the courts will take into high consideration. I hope this helps.