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Samuel II
Samuel II, Attorney at Law
Category: Family Law
Satisfied Customers: 27011
Experience:  General practice of law with emphasis in family law.
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I have been seperated almost 2 years, live out of the home

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I have been seperated almost 2 years, live out of the home with my 3 daughters because spouse would not leave. He does not pay any child support or spousal support. We were married for 17 years. He is still in the home, letting it go into foreclosure, waiting to file for bankruptcy as well. He is holding everything up and I just want this over with and I want him to support his daughters. I do not and cannot afford an attorney but I obviously need help to get this taken care of fairly.

Welcome and thank you for your question

I am an attorney with more than 25 years of experience and I look forward to providing you true and correct information in this regard.

Please remember, I can only answer what you ask and so if you have follow up questions, please post them here for full and accurate information before rating. If there are no other questions in this regard then I thank you in advance for your positive rating

Have you filed for the divorce?

I suggest you do that, serve him and then have the court order mediation and in the process temporary child support and spousal support

I suggest you can get the packet of forms from the clerk of the court to file. You will have him served and then proceed from there.

Customer: replied 3 years ago.
I filed last October . He was served. Did nothing. I don't know what to do next. He's holding it all up with his lack of action. He's a deadbeat. I need to know what my options are in getting him to legally pay a certain amount per month for his kids.

You filed and he never responded to your Complaint within the 30 day time frame ? Is that correct?

I just need to be sure I understand all the facts

Or how is it that he HOLDS things up?
Customer: replied 3 years ago.
He responded well after the 30 day mark. He says he needs to sell the house before we can file bankruptcy which needs to happen before we finalize divorce. He is the realtor, house in a short sale to an investor client of his but have been getting foreclosure notices since he has been living in the house and not paying the mortgage. I live elsewhere and pay rent for the kids and I. He also took my car(registered in my name) and I had to go get a new car with payments - my car was paid off (by me). I just want to get the bankruptcy filed so the divorce can finalize and a judge can tell him he needs to support his kids. He thinks he "hung the moon" and that I'm a nag. I'm very frustrated and tired of being a doormat and just want my kids happy.

Well I suggest you file a Motion for Child Support. The longer you wait the less you are going to be able to get because the support will only be granted from the day you file your Motion.

And so you can and should do that.
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