Is is stealing, or enforcing payment? And am I within my rights?

Question

My sons father has been paying me ($***.**) a week to stay home with our son (we are not together). I wanted to get a job but he talked me out of it, saying it was better for our boy if I was home to raise him. Over the last several months he has complained that he has not had the money, and that I need to get a job because I am just a golddigger. I finally found a job but will not be able to start until the first of the year and will not recieve a paycheck until end of Jan. My problem is that he has only sent 2 out of the last six checks and I have had to sell everything of ANY value to buy food for my child, I have nothing left to sell and three weeks until have more money coming in and I do not qualify for welfare or unimployment. I have even had to sell plasma twice a week. My son's father stores his belongings in my home, including two antique rifles belonging to his grandfather. I am desperate enough now that I feel I have no choice but to sell one of them to make ends meet.

I have contacted the welfare office and by the time all the red tape went through I would already be working. He has already been warned that if need be I will sell his things. At this point he is bitching and has even said if it came down to it I could sell some of his smaller possesions (however most have no value and the rest would not even cover the gas to get to the pawn shop) but always with the "You'd better not, you ungrateful *****" line behind it. He does not have the money to give so I should be grateful for anything (according to him). He is a truck driver who has recently signed a lease for his own truck and is finding out first hand why everyone said it was a bad time due to gas prices. If I had ANY other recourse I would never even consider it. The only family I have near enough to help are in just as bad of shape. As for legal action I have begun the process but know that I will never get close to the amount he was paying on his own (until recently) and I need help NOW!

Answer 1

It is way past time to get an attorney and do these things properly, No you can not sell the guns, they should be handed down to your son.
But your sons father needs to be forced by the court to pay a reasonable amout of child support, you say"sons father " so you may be thinking that if there was no marriage, no divorce, no $$$$obligation but you are wrong. He has a legal obligation to support his son.
Also, if you have zero income it doesn't matter what fixed assets you have you qualify for state money for your child, if you live in the USA,
Talk to an attorney and to the Division of Childrens Services...

Answer 2

you are unemployed with no money coming in and yet you say you don't qualify for assistance?? This doesn't sound right to me. No you don't have the right to sell his possessions, they are not yours and why are you storing them in the first place? Send him a certified letter telling him that if he does not remove them from your home in a certain date they will be sold for storage bill due. See what kind of response he comes up then about money.
I would go back to the welfare office and explain you have no money at all with none coming in. Do you have family living near you? Would you be able to move back home until after you get paid? Then find perhaps a lower rental?

Answer 3

It would be stealing if they are legally his property. At this point I think you need to call him on his money. If this money he's sending you is court ordered, you can call the cops and start legal proceedings. It will take a while, but you'll get your money on time after that. In the short time you need to tell your ex that you need the money. You stayed home at his request and he now owes you that money. Even if he can't pay it all, then he has to help some. Tell him outright that if he can't provide grocery money you'll have to sell some of his stuff to make ends meet. Or pawn it, and if he wants it back he'll have to come up with the money.

Answer 4

If you sell his belongings, you may be liable to charges of theft.

Instead, why not see a solicitor (lawyer) and ask them to contact your ex and demand the back money he owes you.

You could have it sent direct to the lawyer, to avoid confrontations and to ensure the lawyer is paid.

Usually a stern reminder will recall people to their obligations. If this does not, the lawyer will be able to advise you of your rights.

In the meantime, you might consider telling your ex to remiove his property from your home, or you will be forced to charge a storage fee.

My sis stored some stuff for her ex at her home, and after a huge storm where she lost her roof, he blamed her for damage to his stuff. He felt she should have rescued it, even though she and his son were forced to flee to save their lives.

People can be quite unrealistic when it comes to this sort of thing.

If you simply cannot survive without cash, contact a charitable organisation or your bank to see if you can arrange a line of credit until your first payday.

If worst comes to worst, you could approach your pay office and ask for an advance, explaining the situation.

Best wishes with this and good luck :-)

Answer 5

Time to get hard why do you have to sell every thing make sure you go to winz and tell them they got to help you