Q: How can I get my husband to take legally responsibility over our children?
My husband and I are married but not divorced. He doesn't pay child support, rarely visits our children, and overall is a deadbeat father. He doesn't buy them anything, and only helps me pay rent. What can I do and how can I take him to court? He works as a taxi cab driver and has told me before that if I were to take him to court, he'd pay me less money than he already does (because of his job, which he'd use to his advantage). He pays $1000 a month, only for rent, and nothing else.
A: You may not be able to force him to have a portion of custodial time. However, if you take him to child support court, he will probably assert time with the children to lower his child support obligations. You can take him to court by filing the paperwork with the court and serving him. There's a self help center or you can hire a limited scope lawyer to help reduce the fees. $1,000 per month is a significant amount of money, but you might be entitled to more money. However, you may get less money if you take him to court depending on his income. More information is needed to provide a thorough analysis of this situation. Determine if the $1,000 is more than you would get if you took him to court. You can also get a divorce, but agree to $1,000 per month if that is a fair resolution. Definitely seek legal representation.
A: You may decide to file for custody and support. Check with a lawyer to determine his possible support obligations. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any Attorney-Client relationship.
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