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Old 10-11-2005, 05:24 PM
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Hello everyone,

First, English is not my first language so please do not "see" the mistakes!!!
I have been separated for about 18 months.
I still live in the house with my 10 years old son and my 8 years old daughter. He hasn't paid anything for the children or the house since he left.
He is self-employed and doesn't declare his income. he is saying that he is leaving to make a business and live in Mexico and of course he wants to sell the house50/50 (I proposed him 75/25 no child support but he said he rather lost everything...)
I did see a lawyer once who told me that we could go to court and ask to put his 50% in a trust fund which would become child support for the next decade or so.
Lawyers are to expensive and there is no garantee.
Anyway I don't find the law fair at all and in my case not helpfull.
I find that I am punish because I have a job and I've been honest...
If he actually leaves, I assume I need too get officially cosduty of the children...
I am a bit lost...
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Old 10-11-2005, 05:42 PM
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actually since your separted, what you have is defacto custody. He has left the residence and you are primarily looking after the children.
Courts generally don't interrupt the status quo. To get child support you need a custody order. The courts can input an income to him for the tabled amount. Generally no one gets away from not supporting their children.
Generally property is dividing between the parties along with debts and liabilities.
I suspect you could be entitled to spousal support if you have NEED and he has means. First consideration goes to child support and there may not be enough money left for spousal.
If it was me, get it underway before he leaves the country. Its easier to serve documents etc. Who knows he may not show up for the hearings but they would issue orders. You have a right to ask him for full and frank disclosure and prior itax asessments and returns. If he doesn't co-operate, you can get the courts to order disclosure. The other thing is you really cannot do anything with the house as his name is on the deed. In the meantime, your paying a mortgage and gaining equity that he will be entitled to a share in. Act fast and get the issues resolved.

Cheers
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Old 10-11-2005, 06:29 PM
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Hi abitlost,

Welcome to the forums! You're English is quite good.

There's a lot of wisdom in what logicalvelocity says. I do think that it's important that you get things started quickly.
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