Single Moms
Ok so Febuary 12th 2012 my husband left. My situation at the time; Stay at home mom of 3 school aged children, No drivers liscence, No family support, No job, Income taxes just came in and husband took all except he payed my first month as a single moms rent. His situation at the time; Had a old run down trailer used income taxes to furnish and running around with a bunch of girls.Had job payed no support for our kids. ok so April comes along and rent hasn't been paid had to move out and send kids to live with him. Staying with my boyfriend takes me to pick up the kids every other weekend. Looking for a job for almost a year now and have email confirmations as proof for my job search.Still nothing except my boyfriends mother is teaching me how to drive and i now have my learners permit. Since i can't find a job have enrolled in GED classes that a bus takes me to and from. Husband has girlfriend pregnant and lives in trailer with holes in the wall yard is trashed mold everywhere kids go to school with lice his girlfriend makes my kids fend for themselves. Have called DFACS and nothing came of it.... heres my question. Even if i don't have an income a home or a car. Is it still possible to get my kids back. If the court sees my effort and the situation my husband left me in will they make him pay alimony and child support. I was married for almost 10 years and have only worked two months the entire time because he didn't want us to pay for child care. Will they make him pay back the income tax that i filed with him that i didn't get any of except that one months rent? Is it in anyway possible? oh and ps. He lives in Tennessee and I live in Georgia.
Replies
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Technically, since there is not custody agreement, you can go pick them up and not bring them back...You should file for custody, but right now, without an agreement, NEITHER of you have custody of the kids. They might be living with him, but he does not have custody....also, the court would probably make him pay child support AND spousal support since you were a SAHM
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I know i can pick them up whenever but my problem is i don't have a place to live with room for my kids and don't have the start up money to move. My question is basically Will the courts allow me time to use the spousal support to get a place to keep my kids. will they give me that much time or will i have to already have a place before i go to court for them to even consider giving me custody? :)
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Neither of you are in a position of having custody. The courts could put kids in foster care if his place is as bad as you say. You need to get a place to live and then file for energency custody. You would get child support but no gaurantee how much or if he will pay. -
You do not have an income or a car, and you live with your boyfriend is that really a good environment for your kids? Most states are no fault so it doesnt matter he left but you should be filing for divorce and temp. spousal support. The income tax is up for a judge. You might want to see if legal aid can help but living with a boyfriend is not going to help tyour situation, neither of you should be cohabitating with anyone this early in the game.
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Even if they grant spousal support there is no gaurantee of when you will even get it. You can not rely on it to pay your bills. You need tohave a job . Have you looked into low income housing/rent subsidise
Quoting Christy25CMS:
I know i can pick them up whenever but my problem is i don't have a place to live with room for my kids and don't have the start up money to move. My question is basically Will the courts allow me time to use the spousal support to get a place to keep my kids. will they give me that much time or will i have to already have a place before i go to court for them to even consider giving me custody? :)
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Where do your kids stay when you pick them up every other weekend? I would go get the kids and take care of everything else as it comes. Your ex will have to pay child support, Idk about spousal support. Then you need to get a job. With child support money and money from a job you should be able to get your own apartment. You may have to look for subsidized housing or low income.
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Hi and welcome to the group Christy.
I am on that side of the fence as you are as for where the children are living. However, each case is different and sorry, not able to give you a sound good advice.
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i think you kind of screwed yourself leaving them with him so long. you can try though.
you should have filed for all that stuff asap as soon as he left.