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Samuel II
Samuel II, Attorney at Law
Category: Family Law
Satisfied Customers: 27009
Experience:  General practice of law with emphasis in family law.
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The wife moved out in feb. The kids are living with me. I am

Customer Question

the wife moved out in feb. The kids are living with me. I am paying the bills for the kids. The one child is hers from a prior marriage. She is working and has her own place. I have asked her to pay part of the bills for the child that is hers and not mine and the response I get from her is that she does not have the money and is wanting alimony. What course of action do I have. We are working through mediation at this time.
Submitted: 1 year ago.
Category: Family Law
Expert:  Samuel II replied 1 year ago.

Hello

This is Samuel and I will discuss this and provide you information in this regard.
I suggest, you tell your mediator that you will care for the children, even your step child, but you cannot also pay her alimony. That she needs to contribute to the support of all the children. And that she has to get a job for her earning potential.

Tell the mediator you are going to file for child support and then do it.
Please let me know if you have other questions in this regard. Keep in mind, I can only answer and provide information for what you ask. I do not know what you need to know, unless you tell me. Please rate positive as this is how I get credit for my time and information.

Thank you

Customer: replied 1 year ago.
Samuel,
the facts are she had a 75k a year job and decided to quit and go back to school. Now she has a 40k year job while I maintain a 156k year job. She is paying nothing for either child at this time and is still seeking alimony. Is there a case of abandament as the one child is not mine but she is living with me and I am paying all of her bills while her mother is not paying anything.?
Expert:  Samuel II replied 1 year ago.

Hello

Thank you. No there is no abandonment as you are the step parent. However, I suggest that if her earning capacity is are 75 and it was her choice to go back to school for a career where she is earning $30,000 less then that is her choice and you should continue to pay hardball on any alimony.

Also, file for child support from her if the kids are with you. Did she get any child support from the bio Father for your step child? If, yes, that should be turned over to you now, too and it can be applied but not taken from her share of the responsibility to her child.

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