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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 41221
Experience:  Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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I am in mid 70's....adopted our Granddaughter in Jan. 2011,

Customer Question

I am in mid 70's....adopted our Granddaughter in Jan. 2011, who is now just turned 15. been married almost 50 years. my husband is temporarily but seriously disabled at the present time. I can no longer stand his abusive ways and want him removed from the house. How can I do this? I draw on his Social Security for her and I am payee for that. Do I lose that if we separate? my only income is SS which isn't much and I can not afford legal fees. is there a way out for me based on what I have told you here?
Submitted: 1 year ago.
Category: Legal
Expert:  Dimitry K., Esq. replied 1 year ago.
Thank you for your question. Please permit me to assist you with your concerns. To answer directly, you can indeed remove him if there is a basis for removal. By that I mean if there is evidence of abuse, specifically physical abuse, you can go to the police station and file a 'protection from abuse' order that if granted would compel your spouse to leave the property. You do not lose social security if you separate, that is a separate benefit that you receive regardless of your marital status. Sincerely, ***** *****
Customer: replied 1 year ago.
The SS for the daughter would continue regardless if he was in the home or not??? I need that money to be able to survive. Would he also have to pay child support for her? Is making him leave the home not a problem even with his medical problems? how do I go about getting this done??/
Expert:  Dimitry K., Esq. replied 1 year ago.
Ma'am, To ensure that I do not miss anything, I will go point by point with your questions. You asked: The SS for the daughter would continue regardless if he was in the home or not???Yes, it is not related to him being on premises or not. I need that money to be able to survive. Would he also have to pay child support for her?That depends on whether he also adopted the child. If yes, then yes, you can file for support against him. Is making him leave the home not a problem even with his medical problems?That is up to the judge. If the judge finds that you have a legitimate basis to remove him, even his medical issue will not keep him on premises. how do I go about getting this done??/Please see above, you'd need to go to the police station and file for a restraining order. Sincerely, ***** *****

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