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Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

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Old 01-08-2009, 05:38 PM
rungirlrun rungirlrun is offline
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Default Both names on lease..what to do?

Hi everyone..i have been with my husband for 7 years. We have been married for 4 of those years. I have three children from a previous relationship. At the time we met, my children were 5 months, 1.5 years and 2.5 years old, and i receive no child support from their biological father (he's a classic deadbeat) My husband and i have been renting a house for nearly 7 years and both our names are on the lease. He refuses to leave stating he has a right to stay and if i want to take the kids and go, i'm free to do so..(yeah right). I have been a stay at home parent and the only jobs available are factory shift work. He knows that childcare would eat up most of my pay should i get hired. My question is, do i have the right to make him leave the home, and should i get a job (which would result in enormous childcare bills for midnight and afternoon shifts) would he be required to pay additional support for those extra expenses incurred in me gaining emloyment?
Thanks for you help.
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Old 01-08-2009, 07:50 PM
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dadtotheend dadtotheend is offline
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No, you can't make him leave.

If he acted as a parent to your children, he could be held responsible for a share of the daycare costs in proportion to your respective incomes. That would be in addition to regular child support, and spousal support if applicable.
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Old 01-09-2009, 07:21 AM
standing on the sidelines standing on the sidelines is offline
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get the bio dad to cough up his share of CS.
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Old 01-09-2009, 08:17 AM
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dadtotheend dadtotheend is offline
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Quote:
Originally Posted by standing on the sidelines View Post
get the bio dad to cough up his share of CS.
Maybe he already is.
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Old 01-09-2009, 10:13 AM
Shafted and Piston Shafted and Piston is offline
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Maybe he already is.
She explicitly stated in the OP that he doesn't pay any CS.
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Old 01-09-2009, 05:38 PM
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I think the crucial missing piece of information here is *why* you want him to leave. That might help determine what avenues are available to you... although if he's on the lease, then I agree it's problematic.
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Old 01-12-2009, 10:24 PM
rungirlrun rungirlrun is offline
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The biological father is in arrears for 7 years worth of child support to the tune of $400 per month. When he was ordered to pay, he quit his job and went under the radar. Sure, the FRO has taken his licence, and the other typically useless steps such as reporting him to the credit bureau, but i have yet to see a cent, ergo...he is a deadbeat dad. He doesn't even wish to see the children.
The reason i would like my current husband to leave is because he had an extramarital affair. I gave him another chance..and he did it again. Fool me once, shame on you..fool me twice, shame on me...not going to be fooled a third time though.
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Old 01-13-2009, 07:48 AM
standing on the sidelines standing on the sidelines is offline
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what an idiot. Him, not you. He screwed around and you gave him another chance and then he did it again. I can see why you would want him out. But I am thinking that since violence and abuse is not involved that it may be tough to get him to leave.

As for your kids bio dad. They should put his ass in jail and take everything that he owns and auction it off to pay something towards his kids. Guys like that make me sick.
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