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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 90504
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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It is a complicated situation for me and I need a professional

Customer Question

It is a complicated situation for me and I need a professional advice quickly.
I met a girl and we thought we could live together. We are not married officially. She wanted a baby – I can’t have children, and I paid $15,000 for a donor. I recognized the child and gave him my last name. We rented a house, I paid the rent for one year and bought all the furniture by myself, with my money. I moved also my belongings in this house. She is a black girl, with heavy criminal background, on probation, with many charges. Naively, I thought I can help her to change for the better. After the baby was born, she told me she doesn’t want me anymore, because we don’t have anything in common and I have to leave the house. I understood she has been using me all this time.
I am desperate because I don’t have where to go and I spent about $80,000 to please her and assure normal life for us. I am on Unemployment with maximum debt on credit cards.
My questions – 1. Keeping in mind she is a dangerous criminal (she broke my head twice), how can I take the furniture and my belongings without complications, or I risk to be threatened and hurt again and she will keep everything? How can I take all my staff? All invoices are on my name.
2. Can she sue me for child support? If she is the person that doesn’t want me, what can I do to avoid paying for the rest of my life? I made a big mistake.
3. I have a disease Multiple sclerosis and if in the future I don’t have a steady income or small income, what if she sues me and I can’t pay? What is the worst that could happen to me?
Submitted: 1 year ago.
Category: Family Law
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking.

I am so sorry to hear you are going through this situation.

Whose name is XXXXX XXXXX in? Your name alone or both of your names?
Customer: replied 1 year ago.


Hi


The contract for the rent is on her name only, although I paid cash. With this I will prove that I am stupid, but not so much, I just realized that I am not so strong physically to argue about that. Now she will say that the contract is on her name and I have to leave. I know I have to forget about the money for the rent. Can't risk my health and life more. They all are dangerous. I am the only one white around.

Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your response.

I am sorry to hear the lease is in her name, as this means she can force you to leave the residence. However, if you have receipts for all of the furniture you have a right to take that property. What you need to do, before she gets her hands on those receipts and destroys them is take them and make copies and put the originals someplace away from the house where they will be safe.

You then need to make arrangements so you can take the property out all in one day, preferably when she is away, but if she is not away you need to call the police and show them the receipts and they will assist you in removing the property in many cases. If they refuse to assist you, then I am afraid your next step is that you need to file a civil suit in court for "replevin" which is the return of your property.

2) I am afraid that if your name was on the birth certificate or if she can prove you agreed to the insemination with her, then you can be held liable for child support. However, this is a fairly new area of the law as well and if you are not on the birth certificate and never signed an agreement that the child would be treated as your child, then it would be possible to get out from under any support obligation. But I am afraid if you recognized the child and signed the birth certificate, you will be legally liable for child support until the child turns 18 at the very least.

3) I am sorry to say that even though you are on disability, if she sues you for child support, you are liable for paying support. If you are on SSDI, the law does provide that she can receive dependent's benefits from SSDI for the child and the amount the child receives would reduce any child support obligation that you have. However, no matter what, you are liable for paying support for the child until he child turns at least 18 and graduates high school.



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Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 90504
Experience: Experienced attorney: Family law, Estate Law, SS Law etc.
Law Educator, Esq. and 6 other Family Law Specialists are ready to help you
Customer: replied 1 year ago.


Sorry, I would like to ask you one more question. Can I ask her to sign a paper that she wouldn't ask for child support, because she forces me to leave and doesn't want me. What is the best way to do that?


I will pay you.


Thanks

Customer: replied 1 year ago.


Can you please see my additional question.

Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply.

You can ask her to sign such a paper, but generally the courts hold that these waivers of child support are not enforceable unless accompanied by an agreement that it is done in exchange for your voluntarily terminating your parental rights and then it has to be approved by the court.

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