Q: How does my step son go about a separation with his girlfriend? They have a 2 yr old son involved.
They live in a house that she bought when they first got together, but he pays for everything. He has it set up so that 90% of his paycheck goes in her account to pay all the bills. He is a very involved father. He wants to leave for several reasons but is unsure how he should go about it so he gets atleast 50/50 with his son and doesn't pay her any support in the future. What are his rights and what is a suggested avenue to take?
A: Since they are not married there is no need for a legal separation or divorce. However, the house is not marital. Whoever owns the house keeps it. If only the gf's name is on the deed, it is hers. As for custody and support, those canbe dealt with in family court. Whoever is the residential custodial parent is entitled to support. If they have true joint residential custody, yhen the monied spouse (the one with the higher income) pays support. He needs to speak to an attorney.
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