During the sep. I got pregnant w/ my 3rd. I NEVER claimed it his & NEVER made him pay anything. We got together & 2 yrs later I found out & had him convicted for molesting our dghtr - he pled guilty as there was evidence. He served no time & for the past 3 yrs - works to pay a minimum of child support & medical coverage for all 3 children. I am heavily dependant upon that for income right now as I only work PT w/ no benefits & job prospects are not panning out very well. My family helps tremendously & God Bless them for that. He ate through what little savings I had when we reconcilled &left me with no other choice but to file bankruptcy. I need to do this very soon in order to try & save some money rather then continue to pay off his debt. Is it true that I need to divorce first then file bankruptcy - the second I divorce he can drop my youngest from the medical coverage & he's the only one on a life saving prescription?
2007-05-10 05:38:21 · 3 answers · asked by martiek7 3 in Politics & Government ➔ Law & Ethics
When we got together, he had me stop the court ordered chuld support for our two children as we were back together. We never divorced, but I also never asked for $ for the youngest - I knew it was not his child. We reconciled for 2.5 years & during that time, my son came to know him as "dad" and he had him covered medically the same as the other two - there was a never a distinction & my son even called him "dad" - therefor in NY wouldn't he be considered his legal father as we never divorced and he took the child as his own when we got togther again. The last time we were in court - the judge said that so long as we are married - he must cover the child. In order to clear my credit & not his when I file bankruptcy, I must get the divorce first, but if I do I risk loosing medical coverage & child support - which rarely gets paid in the amount granted to begin with. He also violates the order of proteection all the time, but because I cannot prove it - his prob. officer does nada?
2007-05-10 05:44:02 · update #1
consult a Divorce Lawyer
2007-05-10 05:44:15 · answer #1 · answered by arus.geo 7 · 0⤊ 0⤋
A better solution would be to pursue the father of the the 3rd child for paternity and child support and see if the child could be added to the biological father's insurance before proceeding with a divorce.
Many states also have healtcare coverage plans for uninsured children on a sliding income scale - check with your local Welfare office.
2007-05-10 05:49:50 · answer #2 · answered by bottleblondemama 7 · 0⤊ 0⤋
Please call a Legal Aid or Legal Services office (not a public defender). They handle divorce and bankruptcy and may be able to help you get SCHIP for the third child. Please remember child #3 deserves to know his 'real' father.
2007-05-10 05:50:02 · answer #3 · answered by professorc 7 · 0⤊ 0⤋