Access to Marital Home

[Links17]

Also, since you still have a communicative relationship with your Ex (for now) I would suggest you ask him to not permit his GF to criticize you in front of the kids. It will just alienate the kids from him and hurt everybody in the long run.

 

[arabian]

I wouldn't acknowledge the woman AT ALL. People like your ex love to know when they get under your skin.

Do what you have to do to secure the home for you and your children. The rest will fall into place.

 

[Berner_Faith]

If he ever stumbles across this site, and cares about his children, the first thing he's going to do is move back in.

She needs an interim order for exclusive possession and child support, imputing him an income if necessary. Once she has that, they can figure out a proper separation agreement themselves, or go to court for it.

Just curious... can he also seek to have an income imputed to her? She worked throughout the marriage and was laid off after separation, for things like Section 7, SS and possibly off set child support, could she be faced with an imputed income as well?

 

[arabian]

Yes. Income can be imputed not just to one but to both.

 

[Rioe]

When you impute an income on a self-employed person, it's because the money is there, but the person does financial juggling to conceal it, usually to reduce income tax, but also support obligations.

To impute a previous income on someone who lost their job seems unfair. The money isn't being hidden; it isn't there at all anymore. Where would the person be expected to get it from?

In some situations, it's appropriate to impute, in others it is not.