I have a good friend who is currently going through some tough times and i want him to get the right answers.
He has a child with a woman that he currently lives with.The 2 are not in a relationship anymore.She has 2 other children, with other men.Both are currently not in her custody and are looked after by Children's Aid Society.
They have lived together for about 4 years. He wants out and wants out now. This woman is pretty horrible. Will not cook, clean or take care of her own children.1 of them has visitation with her but whenever that child is there, she just doesn't look after him or takes off and my friend is left watching the kid.
Their son is almost 3.Thing is he is uncertain about spousal support.She just started working herself. Also a family member of her's lives with them and does not pay any money.So he wants to know do you think he will owe her anything and what would be the proper and legal way so he gets custody of the child and keeps his money.He works fulltime.
2007-10-15 07:17:26 · 10 answers · asked by baby_sunshine_4eva 2 in Family & Relationships ➔ Marriage & Divorce
they are not married.but we actually live in canada and here if 2 people live together for more then 6 months,they are considered in a common law marriage and most of the time,if someone leaves the arrangment the person that makes more money has to pay spousal support.he is going to talk to a lawyer this week.she just started working so for the past few years he has supported her which will mean that he will most likely be paying some amount to her if he leaves because she was not working which did not allow her to save any money.and i do know that he needs legal advice but i asked this question in the hopes that maybe someone had went through it and had some advice.i am also worried because this girl is the kind that would send people after him,break into the house to get the kid and the type to make his life awful and unbearable.i am trying to talk him into a possible restraining order not allowing her on the property unless she is visiting her child.thanks so much for all the help
2007-10-16 05:01:05 · update #1
First of all it all depends on the laws of that particular state. I will say that I have lived in several different states and in most of them you have to be married for at least 10 years before a spouse can collect any type of alimony. The fact that she has lost custody of her two other children should not make it hard for him to get custody of the child. All he has to do is prove her to be an unfit mother (which doesn't sound too difficult) and then the custody will be his. I would go on line and try to find out the specific laws in his state. Before any legal action is taken he needs to file with the courts a thing called temporary custody. If he does not file this paper she can split with the kid and there will be absolutely nothing he can do about it. That definately needs to be his first course of action.
2007-10-15 07:24:37 · answer #1 · answered by mccmb02 2 · 0⤊ 0⤋
He needs to contact a lawyer. He needs to explain his situation to the lawyer and the lawyer can file the motion for custody. They will take into account that she has two other children that she can't take care of.
From what you have written- I gather that they are not married...? If they are not married then she is not his spouse, therefore- no spousal support would even be considered for her, and any relative of hers wouldn't be taken into account even if they had been married. If they are married she still won't be able to get spousal support because she has a job of her own.
Child support will only be awarded if she is awarded full or joint custody (based on your statement- her receiving custody is UNLIKELY). If your friend is awarded custody she will be ordered to pay him support unless he doesn't want it.
2007-10-15 07:27:18 · answer #2 · answered by Anonymous · 0⤊ 1⤋
All the answers saying no spousal per non-marriage are wrong or mostly wrong. Get a lawyer or seek legal aid. There are schedules in place varying per state for all wacky circumstances to protect the child first - adults second. Legal aid will guide on initial steps to take.
2007-10-15 07:36:35 · answer #3 · answered by Delay 5 · 0⤊ 0⤋
Walk out the door and take the kid. If he is the father then he has the same right she does.
Then file for divorce and file for full custody using the fact that she does not take care of the other kids as she is unfit.
then HE can get child support from her. not likely but maybe she will sign over custody if he tells her is going after child support.
2007-10-15 07:34:56 · answer #4 · answered by Anonymous · 0⤊ 0⤋
he needs to get an attorney but he probably can just take the child and go. He won't have to pay child support since the child is with him or spouse support since they were not married. The only thing he might have to worry about is that she would want the child in order to get child support but by documenting her behavior during the visitation of her other child, that should not be a problem.
2007-10-15 07:30:12 · answer #5 · answered by Al B 7 · 1⤊ 1⤋
If he's not married to this person he doesn't have to pay spousal support. I think your friend should take custody of the child. His ex may have to pay child support if he applies for it.
2007-10-15 07:21:59 · answer #6 · answered by ladydiana_a 2 · 1⤊ 1⤋
If they were married it would be more of a challenge. Since they are not married, he can do what he wants. First, he should set up some type of child support, in case he goes to court, the judge wants to know have he been supporting the child. Second, seek some free legal advice, or consultation. According to the state you live in, the laws may be different.
2007-10-15 07:22:51 · answer #7 · answered by Anonymous · 0⤊ 2⤋
of direction, you will might desire to pay new child help; it quite is the regulation and the month-to-month allotment is desperate by potential of the state. i think of you could seem it up your self by potential of googling Virginia new child help rules. yet another selection is to petition for custody of the youngster(ren) - then tell her to pay new child help. Virginia has no situation with dads receiving new child help money! interior the interim, you will discover if she'll comply with a commerce-off on the spousal help, inclusive of supply her a motor vehicle-- if it nevertheless has money, that is going with the motor vehicle. in case you very own a house, you could leave her the residing house and no spousal help, yet she'd could purchase you out (by potential of refinancing and providing you with your a million/2 of the fairness). you would be wanting a stable criminal expert who can assist you with this bargaining. Ask around at paintings to verify if all and sundry had a stable criminal expert for their divorce. however the ideal advice i might desire to offer you is to no longer be wonderful because of the fact it does not repay. interior the top, it is not proper how astounding you have been for the period of the marriage. for the period of the separation and divorce, a as quickly as astounding marriage will become a dogs-consume-dogs courtroom case. you could desire to look out for quantity a million - era! while you're on the Virginia Peninsula i might desire to offer you the names of a few of the ideal legal experts. there is one in Hampton who's common because of the fact the guy's criminal expert - she makes particular men are taken care of extremely for the period of the technique. stable luck!
2016-10-09 06:53:09 · answer #8 · answered by mccaleb 3 · 0⤊ 0⤋
To me it sound like he should get the child, and yes that is possible!!! He can prove her unfit and get full custody which sounds like the best answer to this situation.
2007-10-15 07:22:03 · answer #9 · answered by TC 2 · 0⤊ 0⤋
get a lawyer and start filling out affidavits immediately
2007-10-15 07:22:55 · answer #10 · answered by oh_jo123 7 · 0⤊ 1⤋