Ok, so in my apartment lives me, my two children and their father. I want him out and gone. He receives ssd (and SS $$ for the kids) as he is the payee. I have an earned income. Part of the problem is him not paying half of what he is supposed to and using his money and the kids money on himself. We are not married but I want full custody (he's not capable of having them for more than a weekend, and that's being generous). And if he's not going to give me $$$ for our boys then I want him legally to be forced to do so. Can I act now...or do I have to wait until I physically kick him out to go the legal route? What can I do, please help.
You should go through the legal system to get him
out and get support from him.
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You really need to retain counsel to have him vacate the apartment and obtain a Court Order pertaining to custody, support and parenting time. Do not try to handle this matter on your own. To properly answer your questions and address your concerns, the best way to handle this is by retaining an experienced matrimonial attorney. Use AVVO's Find a Lawyer tool to select a qualified attorney. Good luck.
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You can act now; the commencement of litigation can cause a very toxic atmosphere in the house. It appears the living condition is not great now, but it can certainly get worse. Since you are not married, you can go to your local county courthouse to get the paperwork you need to get an appropriate level of support from him or you can go to the NJ courts online page and download the forms there. If you can, make copies of anything that proves his income, disability checks, tax returns, bank records, etc, for your application.
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You should consult with an attorney experienced in family law about your issues, especially in light of the fact that your significant other receives SSD benefits and the children receive derivative benefits. An attorney can work with you to determine what, if any, child support you are entitled to, and address the living and custody/parenting time situation. An attorney could help you work out these issues without going to court, if possible, and file paperwork on your behalf if your partner is not cooperative. However, in light of the financial circumstances you described, you should meet with an attorney to understand what you're facing if you were to go to court rather than proceed directly to litigation.
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