So a friend of mine's husband has gotten strung out on an illegal substance, due to an affair with a younger woman. He has since left her and their two young children for said younger woman. I've been trying to tell her that she needs to go for child support as soon as she can. She is continuing to believe him when he tells her that he will continue to pay half of the bills, and there is no need to sue for child support. My concern is he is VERY addicted to this substance, and he will be more concerned with getting his and his lover's 'fix' than caring for his children. She cannot afford to care for their children or household on her own. I would like some legal advice on how best to help her and insure her and her children are still provided for, and that she gets away from this man as soon as she can. Please help.
Thank you for being such a concerned friend. However, she has to be the one to bring suit against him for the child support. Also, the Child Support Enforcement Office could bring suit on her behalf; and usually, they will if either she initiates it, or if she receives governmental benefits.
You can worry for her all you want, but she is the one who will have to take action. Remember, too, that if he continues to use his money on drugs, she may not be able to get the money from him, even if there is a court order. Of course, he may have to spend some time in jail to get it through to him that he needs to take care of his wife and children.
Additionally, she may be able to sue the new girlfriend for alienation of affection and criminal conversation. If she's worth anything, she may be able to get money damages from her.
Take your friend in to have a consultation with a family law attorney, who can go over all of the facts in her case, and help her develop an overall plan of action.
Remember, though, SHE is going to have to take action.
It is impossible to give complete specific answers to questions without meeting and fully discussing all of the potential issues that may not be addressed by your question. The answer(s) provided in this forum should be considered general information and are not legal advice. Only after a thorough personal consultation could specific legal advice be given. Viewing this information is not intended to create, and does not constitute, an attorney-client relationship. To enter into an attorney-client relationship, you and I would need to consult in person and form a mutually agreeable written contract of engagement. The attorney-client relationship would be formed once the agreed upon initial retainer fee has been paid. The answer(s) provided in this forum is intended to educate you and to point out some of the issues you may need to raise in a consultation with a lawyer of your choosing who is appropriately competent in the field of law that your question concerns and who is duly licensed to practice in the jurisdiction where you live and/or where the events giving rise to your question occurred. You should not take any action that might affect your claim(s) without first seeking the professional opinion of a licensed attorney. There are often strict deadlines for filing suit, responding to a suit or making an appeal and you need to personally consult with an attorney to make sure that you understand and meet those deadlines.
Sign up to receive a 10-part series of useful information and legal advice about the divorce process.
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline