Both parents obligated to support minor children...? SC

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Latest post 07-07-2010 3:29 PM by CJ. 10 replies.
  • 07-05-2010 5:33 PM

    Both parents obligated to support minor children...? SC

    I'll be brief on the situation.  My wife left the home on her own free will 1 month ago.  Since then, there has been little contact with her.  I'm not sure exactly what the "official reason" for the lack of contact is...she has said her attorney told her to not contact me for the almost 2 weeks prior to an Order of Protection hearing (that I filed for).  After that, I'm still not sure why there is little contact.

    Not only is there no contact, my wife had the electricity turned off in the house...she had "her name taken off the account", an account that she purposely opened in her name only.  She also has not provided a dime in the last month to support our 4 children.

    First, can my wife provide the landlord with a 60-day notice to terminate the rental contract in the absence of any divorce or separate maintenance filing?  We entered into the rental agreement as a married couple, and her attempting to remove her name from the rental agreement without any communication with me to work out an agreement for this will leave me with a very negative impact from her "decision". 

    Second, what can I do to force my wife to start financially supporting our children.  As I understand it, both parents share equally in all duties of parenting, including financial support.  What to do?

    Thanks in advance for your responses.

  • 07-05-2010 5:48 PM In reply to

    Re: Both parents obligated to support minor children...? SC

    If the electricity was in her name she can legally close the account.  Should she have told you first knowing there were 4 kids in the house?  Yes.  Obviously she is being vindictive.

    "can my wife provide the landlord with a 60-day notice to terminate the rental contract in the absence of any divorce or separate maintenance filing?"

    Can she notice the LL that she is giving 60 day notice?  Sure.  Does that automatically cancel the lease if you are legally on it?  Nope.  It also doesn't alleviate her financial responsibility if you move out and default on it either.  The LL can still go after both of you regardless of what "notice" she sends him.  Just keep paying the rent and you will have no problems.  If LL asks tell him she moved out and that when the lease renews YOU alone will be renewing.  Her sending that letter does not cancel the lease outright.

    "Second, what can I do to force my wife to start financially supporting our children."

    You IMMEDIATELY hire a lawyer, file for full custody, and child support.  If you have the kids and are providing all care, living arrangements, utilities, medical, food etc then YOU get the CS.  You have to do this NOW. Do NOT wait.  Make sure in the filing it is clear she abandoned the kids.  Then let the court do it's job.

    "That's just my opinion, then again I might be wrong."  Dennis Miller

     

  • 07-05-2010 6:10 PM In reply to

    Re: Both parents obligated to support minor children...? SC

    Talk to a lawyer as soon as you can.

    I would talk to my landlord about the lease, just to be sure they understand what the situation is.

    As for your soon to be ex, she can't just walk away and expect you to take care of everything.  The legal system will do it's job.  Both men and women have to pay child support. 

    Were I you, I would simply assume a divorce is in your future, and talk to a lawyer with that in mind.  I wouldn't expect anything more from you soon to be ex beyond her legal obligation.

    Is there possibly more going on here than you have said or know?

    I can tell you, years ago, my now ex left for about a week, leaving me with 2 young children and a fulltime job to deal with while she "found herself".  If I knew then what I know now, I'd have talked to a lawyer, and divorced her right then and there.

  • 07-05-2010 6:20 PM In reply to

    Re: Both parents obligated to support minor children...? SC

    "Would that be the case if it's a month to month lease as well?"

    Yes.  Both parties that signed the lease would have to give notice.  There have been cases where one spouse still living in the home wants to vacate early and can't do it without the written release of BOTH parties on the lease.  A smart LL wants notice from both parties because there is going to be the issue of the security deposit. One letter with both signatures would suffice.   Nothing in the original post indicates it's a month to month tenancy.  

    "That's just my opinion, then again I might be wrong."  Dennis Miller

     

  • 07-05-2010 7:22 PM In reply to

    Re: Both parents obligated to support minor children...? SC

    Actually, the lease was a normal fixed term lease that ran the course of it's term.  It is now on a month-to-month basis as there has not been a new lease signed.

  • 07-05-2010 7:33 PM In reply to

    Re: Both parents obligated to support minor children...? SC

    If you filed for an Order of Protection- what it means is that there is no contact- of course she can't contact you or communicate with you concerning the lease or anything else.  What was your purpose in filing for an Order of Protection if you are not fearful of her and are complaining that she is doing what you have requested- namely no contact from her.

    You file for child support. 

  • 07-05-2010 7:46 PM In reply to

    Re: Both parents obligated to support minor children...? SC

    The purpose was for protection as she had become physically violent with me in front of the kids.  She has a personality disorder that causes her moods, reactions, etc. to be highly unstable and unpredictable.  There was a period of time between the filing of and the hearing for the OOP, in which there was nothing legally keeping her from contacting me or the kids.  If her attorney told her to do otherwise, then that would be her following her attorney's advice.  After the hearing, which was dismissed with the understanding that other stipulations be followed, there has still been little contact from her.

    So, to sum it up, I do have reason to be concerned for my safety as well as the safety of our children.  As this has a lot more to do with mental health than anything else, there is obviously more to the situation than can be put in a simple post.  I'm also not complaining that she is doing what I've requested, but rather I'm trying to figure out all the ins and outs of what I have to do to make sure that the kids and I are negatively affected as little as possible from her actions.

  • 07-05-2010 7:48 PM In reply to

    Re: Both parents obligated to support minor children...? SC

    First thing tomorrow you also contact the LL and sign a new lease in YOUR name only.  Make sure LL understands that she is canceling HER tenancy only.  Otherwise you could find yourself on a short notice trying to find a new place.  That is if you want to stay.  If not then give your own 60 day notice.  Then HIRE A LAWYER.  File for custody and child support.  

    "That's just my opinion, then again I might be wrong."  Dennis Miller

     

  • 07-07-2010 3:29 PM In reply to

    • CJ
      Consumer
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    • Joined on 08-02-1999
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    Re: Both parents obligated to support minor children...? SC

    Is she working? Are you working?  

    If she shut off the utilities then go turn them on under your name.  If she's no longer living in the home and your rent is month to month then yes, she can tell the landlord that she has moved out and it's up to them if they want to allow you to stay on or not under a new lease agreement.

    If she's not working then you're not going to get her to pay support. If she is working then yes, I'd go file for support right away. It sounds like your wife is very sick and needs help. RIght now you're going to have to start thinking like a single supporting parent. 

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