Does anyone have any advice. I have been waiting on a response. Please
Divorce, child support and child custody are separate issues. You can file child support and child custody at any point until the children are 18. Divorce on the other hand can ONLY be filed for after one year and one day of living separate and apart. If you separated in Jan 2006, you need to file for equitable distribution, which would split assets and debts from your marriage and do it now before Jan rolls around. After absolute divorce is granted you can not go back and file ED. If your STBX has filed a separation agreement with the courts then you need to get an attorney and let them deal with the issues of him lying to you about why he wanted you to sign the agreement with no child support. Since your name is still on the home, it is still 1/2 yours. Unless you both make the same amount of money and have the children an equal amount of time, child support can still be gotten if you file for it. I would suggest that you read the papers again, since there should be a copy for you and let your attorney know that the “no child support” was on the condition that the home was refinanced and since he is not doing that that you would like to file for child support.
My husband and I have been for almost a year. Before we split he verbally agreed to child support of $600 a month for our two children. Since Jan 2006 he has only gave them $750. I moved out of the house because I could not afford to live there. He said he was going to refinance the house so that he could ge my name off of it but in order to do it he had separation paper drawn up but would not file them, in those papers it listed the bills he was responsible for and the bills that I was responsible for. He told me in order for him to get the loan approved in the separation papers it would have to list that he did not pay any child support, he assured me that these papers were only going to be used to provide to the loan company so he would be approved for the loan. Instead he tricked me and did not go through with the loan and took the papers and had them filed at the clerk of court. Not only that, he listed out date of seperation as Jan 2005, when it was supposed to be Jan 2006. He is currently trying to sell the house. We have divided all the property and I don’t want any proceeds from the sell of the house. The only thing I do want is for him to financially support his children. When I do speak with him, which is through emails (because I had to take a 50B protection order out on him)he says he doesn’t have the money and when he get’s the money he will send them some and yet has not sent anything. He doesn’t even have any contact with the kids. I want to file for divorce but didn’t know if I should file a child support order first, or if I should file for the divorce first and put in the divorce papers the amount of child support agreed on. Please help me. I am struggling.