Child support

[Dragon]

Kids father and I together 10 years, never married,had brief separation and he was court ordered to pay support for 2 kids. We reconciled and had 3rd child. He abandoned us when she was 6mo old. Left us living in his home, stated we could live there as long as I didn't increase support. He rarely made contact unless he was drunk. He threatened to evict us, told him to take me to court. He stole water pump and sold to his brother, left us without water for a week until I could buy new one and install it. He threatened to turn power off, kept coming around while I was at work and sitter was here driving through yard full speed not even slowing down to see if kids were playing in yard, come around drunk harassing me, taking things, breaking in house when no one was home. Threatening to have someone burn house down. So I had a protective order because we had domestic issues in past and he is heavy drinker. At hearing officer we were told we had use of home until January 20th, then we had to move, before hearing he had been consistently late with support 3 checks were denied to cash by his bank due to insufficient funds and the last support payment due recently is now 7 days late. I work on commission only and do not have $1500 to pay attorney to increase support and file contempt, we cannot move because without him paying current support or an increase for 3rd child I cannot come up with deposits nor will I be able to pay rent because he withholds child support. He wants us out so he can let his brother stay here free. My kids are 7,5 and 2. Is there anyway for us to have continued use of home since that is the only support we can depend on from him? And what would I have to file to modify that part of the protective order? The use of the home part. I'm running out of time and don't know what to do and have no place to go.

 

[Proserpina]

If he wants you out you'll eventually be forced to move. When that happens is anybody's guess; it could be 6 months, less than 6 months, and/or several years from now. It's his house and while in a marriage there's often a chance of getting exclusive use of the marital home, that chance becomes zero when the property was acquired prior to the marriage provided you haven't been added to the deed.

So realistically, it's his home in every way which counts and the courts cannot award you exclusive use of the home without trampling over his rights.

The other complication is your financial status. If you were awarded the marital home, you'd also be responsible for paying everything.

 

[army judge]

You need to attempt to collect the support order.
Ask your states's child support collection agency if they'll assist you.

No, you're ordered out of the home, so obey that order.

If you don't, eviction is in your future.

If you can't support the kids, and he won't either, ask the state child protection agency how you can give the kids to them.

He doesn't care, you're broke, give the kids a future, with either of you they'll have nothing.

 

[disagreeable]

I agree it appears neither of you is responsible enough to care for the children financially or otherwise. Continuing to have kids you cannot afford is proof of that.