What are her rights?

[daughters_rescue]

If anyone can help me, I would sure appreciate it.

Here's the story..... My mother had a man move in with her about 5-6 years ago. Her house was left to her in her parents will years earlier. She has no mortgage. Its worth a pretty penny. Within the past 5-6years he has managed to gain custody of his only child with his previous wife due to unfit parental skills on her part. He did not want the child, but ended up with her living with him, in my mother house. My mother does not get along with this child, she's 10. She never went to the court hearings with him but did support him emotionally at the beginning. My mother has 2 young children that still live with her as well. Since his daughter moved in, it's been hell. The other children are not good enough and live with constant verbal abuse about how 'gay' the boy acts, and how 'fat' the 15year old daughter is. My mother can't take it anymore and has on numerous accounts asked him to leave. She offered to help him with first and last months rent on an apartment and a fully furnished place to stay. He wont leave! He has recently had a few heart attacks, but has still been working, cutting grass and doing yard work for neighbours, because he lost his job over a year and a half ago and decided he didn't want to find something else.
He now has told my mom that he is going to take her for spousal support because of his 'condition' (he quit working a few weeks ago).
He also thinks he can take my mom for child support for his daughter, when her mother already pays, and she sees her mom everyother weekend. All my mom does is cooks for the little girl and does her laundry. There is no mother daughter relationship there at all.
He also thinks that he can take her for half the matrimonal home, but their not married. He thinks that because he built a deck and cuts the grass that he is entitled to half. Is this right???
What are my moms legal rights, and what is he entitled to? Can a man actually get spousal/child support from two different women?? when he's not willing to work and they only make less than $20,000/year??

Please help us!

[logicalvelocity]

daughters_rescue,

welcome to the forum. I will get back to this thread soon if no one else can share a suggestion or experience.

lv

[FL_Needs_To_Change]

He now has told my mom that he is going to take her for spousal support because of his 'condition' (he quit working a few weeks ago).

If he quit his job, and or is intentionally unemployed or under employed then she can ask that the courts input an income on him based on his last three years tax returns.
He may be entitled to some Spousal support, remember the courts determine SS based on need and means. It's obvious that your mother has a financial obligation to her children first and foremost, and the courts will take that into consideration if he seeks SS.

He also thinks he can take my mom for child support for his daughter, when her mother already pays, and she sees her mom everyother weekend.

If your mother can show that she in no manner is "in place of a parent" then the courts most likely will not order CS. If she has no part in discipline, does not attend medical or dental appointments, and does not participate in any school or extra curricular activities for her , then she clearly is not "loco Parentis". Not to mention, the child is active with her bio mom and is in receipt of support from her, this will go a long way to a court not allowing a second claim for CS.

He also thinks that he can take her for half the matrimonal home, but their not married. He thinks that because he built a deck and cuts the grass that he is entitled to half. Is this right???

This is a grey area. Usually he would have to show unjust enrichment if he is not on the deed. Usually that means did he provide financially for any maintenance or upkeep? Did he make payments on the mortgage?
Because he added tot he value by building the deck, and cuts the grass, the court may see that he has an entitlement to a portion of the value increase fromt he time of co-habitation to the date of the split (emotional split, IE no longer as husband/wife). Sometimes a court finds a person entitled to a portion of the increase in value, but if mom paid for the material for the deck and he built it, they shared in the increased value for the addition of the deck. Like I said this is a sketchy area.

Mom needs to talk to a lawyer; usually she can get an hour for a small fee or free.
Or for a little bit more she can request an opinion letter. Where she would provide all necessary documentation on the situation, plus a clear outline of what the relationship has been. From there a lawyer would prepare a legal letter explaining what her options are, and how to proceed depending on what choice she chooses. She can retain the lawyer or seek another lawyer to represent her, or she can proceed on her own.

Hope this helps.