The Anger Management star's attorney Mark Gross appeared in court Tuesday morning asking the judge to modify the amount of child support Sheen is required to pay his ex-wife, with whom he has two children—4-year-old twins Bob and Max.
Mueller is currently in rehab and unable to parent the couple's children, who are currently under the care of Sheen's second ex-wife, Denise Richards, after being removed from Mueller's home by the Los Angeles County Department of Children and Family Services in May.
Sheen is currently paying $55,000 a month ($27,500 per child). A trial date has been set for Sept. 12.
Brooke was seeking treatment for prescription drug abuse at the Betty Ford Rehab Center in Rancho Mirage, Calif. (the same treatment center where Lindsay Lohan served the first portion of her lock-down rehab sentence) before reportedly transferring to a different facility in Orange County.
"Brooke misses her children and wants to get healthy so she can resume her life and get back to being a mom," her rep said when she entered rehab in May.
However, recent reports suggest the judge overseeing the 35-year-old socialite's custody case did not approve of the treatment transfer, branding Brooke an "unfit mother" who "seriously harmed her chances of regaining custody of the boys anytime soon."
In the meantime, Mueller's children are safe and happy with Denise, who has provided a stable home for the boys on more than one occasion.
"The boys have spent so much time with Denise that it was the logical choice that she would get temporary custody," a source told E! News after the twins moved in with Richards. "Charlie is completely supportive of it and wants what's best for the boys. Charlie will probably have a better relationship with the boys now. Everyone is glad they'll have some stability."
A sentiment which Richards has also expressed, "In the last few years, things have gotten really great with us," she said in regards to her relationship with Sheen during an appearance on HuffPostLive. "This is awful to say, but it's true. When his [Charlie's] third marriage started to fall apart, he and I started to become friendly."
Richards briefly cared for the twins back in December while Brooke sought treatment for her addition issues related to her use of Adderall.
We wish the whole family all the best.
—Reporting by Claudia Rosenbaum