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Category: Family Law
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Experience:  10 + years of handling Family Law, Divorce, Child Custody and Child Support cases
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I seperated from my husband (moved out) in Dec. 2012 with OUR

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I seperated from my husband (moved out) in Dec. 2012 with OUR daughter ... Who he LEGALLY ADOPTED in 2010 and she took his last name, well I receive SS death benefits from her deceased father who died when she was 18 months and my soon to be ex husband stepped in and is the only father she's ever known, now I had a "settlement agreement done in Dec/Jan time which he paid for HALF of the 1700$ it took to have it done by MY lawyer, where it stated he was to give me 605$ a month CS and 50$ a month spousal support. The document is not signed bc in Feb we tried to "work things out" and it's been a LIVING HELL so now I asked my lawyer to make a few adjustments to dates on the paper work and I'm still waiting for that back but my husband HASbeen giving me the support 655$ a month is ve Dec or Jan...the I allowed him to skip FEB bc he was claiming he was BROKE... NOW he is trying to figure out a way to NOT have to pay me because even though he adopted her.... It's MY DAUGHTER and why does he have to give me support .... HELP
Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help solve your problem.

Good morning. I am sorry to hear about the situation and understand your concern as a parent. Once he adopted the child and she took his last name, he became legally responsible for her. The fact that you and him are separated and will soon divorce, does not remove or terminate his legal obligation to pay child support for the child. In an ideal situation, the settlement agreement would have been entered into and signed by both parties, with him complying. However, if he is refusing to sign it and there are changes that need to be made and he is failing to cooperate, the next step would be to proceed through the court and have it legally ordered. The benefit of doing this is that the Judge can step in, if he fails to comply and take the necessary actions for him to do so and enforce it or he could be placed in jail, as a last resort, for contempt ( i.e. failing to comply with a court order). His reasoning for not wanting to pay child support seems flawed and if that is what he is going to use as a defense to object to the payment of it, he may be in trouble. He will have to explain to the Judge why he adopted the child and she took his last name and now he does not want to pay support. You may want to speak with your attorney this morning and suggest that you take a more aggressive approach with the support order and proceed through the court, since it appears he is taking advantage of your kindness. You let him skip a month and then he claimed he was broke and now that he does not have to pay, etc etc, so it seems as though he is no longer willing to cooperate. With that being said, force him to pay, as ordered by the court and put pressure on him to do so. You are paying your attorney and they are working for you and supposed to be acting in your best interest. As such, if you have not heard back from your husband ( and I think you know why), take the choice out of his hand and force him to respond, when being served with the court papers.

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