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Common Law Issues The law regarding common law relationships is different than in cases of divorce. Discuss the issues that affect unmarried couples here.

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Old 08-28-2006, 03:14 PM
Dar2006 Dar2006 is offline
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Unhappy Ok it's time to get tough but how?

I have been separated from my sons father for almost 2 years and have been very leaniant considering my living situation but it's time to change things. When we separated I had him agree to 2 years to take him to court for support in his lawyers office and I haven't done so because he agreed to help with the finances of our son. I am living on Gov. Assistance (Less than $700.00 a month) and we were living in a beautiful home with a yard and pool......It was an ugly separation but when I realized what my rights were and that I could stand up for myself I did so and as I said, on a civil note. He makes good money and I am aware now that his debts are cleared up and there is now another person living with him sharing the expenses so I feel it's time to get the things I need for our son. He hasn't helped with the extra expenses our son has since he has a couple dissabuilities and he needs to now. I wrote him a letter and explained what was going to happen and didn't get a response from him so I think he is upset, what do I do now? I don't want money from him but I do want him to get us a car so I can transport our son to his many appointments as well as help with insurance etc. Our son is limited in what he can do recreationally wise with his problems and I feel we need to be able to get around more and easier. I also want him to pay for medication our sons dissabuility drug plan can't cover. I don't think I am asking too much.
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Old 08-28-2006, 07:04 PM
logicalvelocity logicalvelocity is offline
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Dar2006,

welcome to the forum

A few points to consider

Child support is the right of the child. The father should be paying the tabled guideline amount to reflect his respective income. With that said, dollar for dollar of child support received would be deducted from your monthly government assistance. Have you considered bringing forth a claim for spousal support either lump sum or periodic payment to assist you in becoming financially independent and perhaps give you a viable way to purchase a vehicle of your own. Having a vehicle this day and age is reasonable and convenient in consideration of the circumstances. Any court ordered spousal support would also be considered income, hence the strong possibility that you would no longer qualify for govt assistance and benefits.

The extra expenses that your son requires for medication that the government assistance will not cover would be considered reasonable section 7 guideline expenses and the cost of which is usually shared on a prorated basis to reflect each parent's respective income.

I do suspect if any of the issues are litigated, your legal fees would be covered by legal aid.

lv
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Old 08-28-2006, 08:09 PM
Dar2006 Dar2006 is offline
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Default Getting tough but how?

I am at the time recieving assistance although it is less than $200 after they take the child suport payment I get off and I am getting the guidline amout for 1 child. I realize I might get more taking him to court for suport but my fears are the extras the government gives myself such as dental and drug coverage. I lived with this man for 13 years and he moved us into his parents house after his father passed away because his mother became very ill. I took care of his mother as well as our son who has a number of difficulties with severeTourettes etc. As soon as his mother passed and he inherited the house he turned even more controlling and then he told us to get out. I had nothing, not even clothes and thought I had no choice untill I did some research and found out what it was I could do and I did what I had to in order to get away from him for my sons sake as well as my own. In the mean time we attended an appointment at his lawyer where I represented myself and was given child support and he agreed to finance my move etc as long as I didn't take him to court for support for myself. I made sure it was in writing that I had 2 years to do that if I needed and all was settled but he hasn't helped in quite a while and his debts are settled and has a working live in campanion that I was aware he was with before but she hadn't moved in the house. I figured since he had help with finances now he could do what needs to be done for myself and his son. As far as independance, my sons problems are severe to the point that I will not be able to work and care for him so I will be needing some assistance of some form. He is getting a diss. ben. now also. I am going tomorrow to legal aid to make an appointment for legal assistance but I wanted to know what it is I am entitled to before I went.
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