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Can I get child support for my three-year-old son?

My marriage split up over a year ago. We went to a lawyer for an uncontested divorce and I paid the first half of the fee. Months later, my husband hired his own attorney because he wanted joint physical custody of our son, who is three. He also said he wanted to pay no child support at all. Currently, my husband makes twice as much as me monthly (approx $2500 to $1260) and wants to split everything. Additionally, the car I am driving is in his name although we purchased it with money we made from selling our first house. He told me he has ceased paying said car payment for months and the car is about to be repoed as I have no budget for this sort of thing. He has had his lawyer draw up papers to sign saying he gets the house, the car and we split everything 50/50 with our child. Although we both have about the same amount of time with our son, this doesn't seem fair. I have been the sole provider of all his clothing and need for the past year. My husband has not even purchased our son socks. I send him over in clothing I never see again regularly. Is there a chance I could get child support despite sharing custody? My son is the one who is suffering, really. Additonally, my husband has called me on numerous ocassions and threatened to call members of my family and ask for money. He said he would tell them I was being irresponsible with my money and further alienate the somewhat tedious relationship I currently have with them (they are against divorce.) What should I do?

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Attorney answers (2)

Reputation Level 4
The short answer is yes, you can get child support for your son. I would recommend that you seek primary physical custody of the child, who would live with you. Your husband would be required to pay you child support. Your lawyer should request a hearing to get you temporary child support, use of the marital home, and perhaps alimony and attorney fees to help you out until the divorce is final. In the meantime, set up a mediation to try to resolve these issues short of trial. The car is marital property regardless of whose name it is in if it was purchased during the marriage. Discuss these matters with your lawyer.
1 person marked this answer as good

Reputation Level 16
Get your own separate lawyer.

It was highly unethical for a lawyer to talk to both of you, so fire the one you started with. You need representation to address these issues, and a delay could prove costly.

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