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  #1  
Old 01-14-2005, 03:30 PM
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What is the name of your state? SC
My boyfriend and I have been living together for about 1 1/2 years now. We have twin girls together. We are not married nor or we common law. If we seperate can I get any type of alimony or support other than child support from him? If I do not have his approval, can I give custody to my mother?
Child support--how much child support can I get for the girl's. He brings home around $2,000.00 a month and I don't work, I am going to Technical College.
Right now my mother is keeping the girls for me to go to school, but I do intend to put them in daycare. Will this make a difference in support? I've refused to let the father see the girls, can anything be done to me for this? Will he have to pay for my place to live?

Last edited by toots1659; 01-14-2005 at 03:41 PM.
  #2  
Old 01-14-2005, 03:47 PM
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Well, aren't YOU cuddly and lovable?

Makes me want to help you....NOT!
  #3  
Old 01-15-2005, 09:16 AM
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Location: Michigan
Posts: 6,317
Quote:
Originally Posted by toots1659
What is the name of your state? SC
My boyfriend and I have been living together for about 1 1/2 years now. We have twin girls together. We are not married nor or we common law. If we seperate can I get any type of alimony or support other than child support from him? If I do not have his approval, can I give custody to my mother?
Child support--how much child support can I get for the girl's. He brings home around $2,000.00 a month and I don't work, I am going to Technical College.
Right now my mother is keeping the girls for me to go to school, but I do intend to put them in daycare. Will this make a difference in support? I've refused to let the father see the girls, can anything be done to me for this? Will he have to pay for my place to live?
Why would you get alimony? You and he are not married! You need to get a job and support yourself and pay your share of financial support for the kids.

The first thing that needs to be done is paternity needs to be established legally. Then either of you can file for custody and/or support. Stop denying the kids their right to see their father, you are only hurting them.
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"I owe nothing to my brothers, nor do I gather debts from them. I ask none to live for me, nor do I live for any others. I am not the means to any end others may wish to accomplish. I am not a tool for their use. I am not a sacrifice on their altars." Ayn Rand
  #4  
Old 01-15-2005, 09:44 AM
AHA AHA is offline
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If he only makes $2000 a month, you can't seriously think that you could live well of whatever he could pay you?! And since he is the bread winner of the 2 parents, what makes you think that you will be given full custody? It might be you ending up paying cs to him!!
Do this board a favor and talk to the father of your kids, we don't do what- if's here! Who knows, he might be overjoyed by the prospect of seeing you out the door**************
  #5  
Old 01-15-2005, 10:00 AM
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Location: Los Angeles, California
Posts: 38,191
Quote:
Originally Posted by toots1659
What is the name of your state? SC
My boyfriend and I have been living together for about 1 1/2 years now. We have twin girls together. We are not married nor or we common law. If we seperate can I get any type of alimony or support other than child support from him? If I do not have his approval, can I give custody to my mother?
Child support--how much child support can I get for the girl's. He brings home around $2,000.00 a month and I don't work, I am going to Technical College.
Right now my mother is keeping the girls for me to go to school, but I do intend to put them in daycare. Will this make a difference in support? I've refused to let the father see the girls, can anything be done to me for this? Will he have to pay for my place to live?

My response:

Why is it that virtually every person who writes to these forums from the "southern States", like "toots1659", is trailer trash? What is it about these idiots? Didn't their "creator" pass out brains?

IAAL
  #6  
Old 01-15-2005, 10:19 AM
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Don't be so quick to claim you have no common law marriage in SC, especially if you are seeking alimony at least during the itme you are in school. I suggest you consult a family law attorney re divorce and related orders, and don't deny your "husband" visitation with his children. Here are some of the SC laws:
SECTION 20-1-30. Cohabitation prior to emancipation as marriage.

All persons in this State who, previous to their actual emancipation, had undertaken and agreed to occupy the relation to each other of husband and wife and were cohabiting as such or in any way recognizing the relation as still existing on March 12, 1872, whether the rites of marriage have been celebrated or not, shall be deemed husband and wife, and be entitled to all the rights and privileges and be subject to all the duties and obligations of that relation, in like manner as if they had been duly married according to law.

But the provisions of this section shall not be deemed to extend to persons who have agreed to live in concubinage after their emancipation.

SECTION 20-1-40. Cohabitation prior to emancipation as marriage; children.

The children of such marriages shall be deemed legitimate and when the parties shall have ceased to cohabit, in consequence of the death of the woman or from any other cause, all the children of the woman, recognized by the man to be his, shall be deemed legitimate.

SECTION 20-1-50. Legitimacy of children of marriages contracted after absence of previous spouse.

The issue of all marriages contracted after the absence of a husband or wife for a period of five years, such husband or wife not being heard from or known to be living during that period of time, are legitimate and declared to be legal heirs of their parents.

SECTION 20-1-60. Marriage of parents legitimates illegitimate children.

If the parents of an illegitimate child subsequently marry, the child shall become legitimate as if born in lawful wedlock and, as to the child so legitimated, all limitations imposed by law upon the amount of property that may be given illegitimate children by deed, will, inheritance or otherwise shall be removed. The provisions of this section shall be retroactive to the extent that they shall apply in all cases in which prior to May 2 1951 the parents of an illegitimate child shall have married and the father and such child shall have been living on said date.

SECTION 20-1-70. Name of children legitimized after marriage of parents.

Any child legitimized under the provisions of Section 20-1-60 shall take the name of his father unless the child has been previously adopted under the provisions of Sections 15-45-10 to 15-45-180 and unless his name has been changed in the decree of adoption, in which case he shall retain the name given him in the decree.

SECTION 20-1-80. Bigamous marriage shall be void; exceptions.

All marriages contracted while either of the parties has a former wife or husband living shall be void. But this section shall not extend to a person whose husband or wife shall be absent for the space of five years, the one not knowing the other to be living during that time, not to any person who shall be divorced or whose first marriage shall be declared void by the sentence of a competent court.

SECTION 20-1-90. Legitimacy of children when either party to bigamous marriage marries in good faith.

When either of the contracting parties to a marriage that is void under the provisions of Section 20-1-80 entered into the marriage contract in good faith on or after April 13, 1951 and in ignorance of the incapacity of the other party, any children born of the marriage shall be deemed legitimate and have the same legal rights as a child born in lawful wedlock.

SECTION 20-1-100. Minimum ages for valid marriage.

Any person under the age of sixteen is not capable of entering into a valid marriage, and all marriages hereinafter entered into by such persons are void ab initio. A common-law marriage hereinafter entered into by a person under the age of sixteen is void ab initio.
  #7  
Old 01-16-2005, 11:17 AM
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Location: Central Florida
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Quote:
Originally Posted by toots1659
What is the name of your state? SC
My boyfriend and I have been living together for about 1 1/2 years now. We have twin girls together. We are not married nor or we common law.

If we seperate can I get any type of alimony or support other than child support from him?
No, You haven't been married, and why do you believe he should support you ? In other words, what is your LEGAL reason?

If I do not have his approval, can I give custody to my mother?
To give LEGAL custody top your mother you will have to do several things- 1. Get father' s permission or a court order- be prepared though- if a court allows your mother custody then the father AND YOU will BOTH be paying CS to your mother.

Child support--how much child support can I get for the girl's.
The amount will be determined by the court using your state's guidelines, after paternity is established. However, you apparently want to give your mother custody- SHE will collect CS- NOT YOU.

He brings home around $2,000.00 a month and I don't work, I am going to Technical College.Right now my mother is keeping the girls for me to go to school, but I do intend to put them in daycare. Will this make a difference in support?

I've refused to let the father see the girls, can anything be done to me for this?
Let the father see HIS kids- 1. the court will force you to anyway and 2. if you keep your daughters from knowing their father, it is possible that they will grow up to blame you and hate you for it.

Will he have to pay for my place to live?
Legally- NO, Morally- WHY SHOULD HE?????????

You have 2 children who need you to be an ADULT- so grow up, face the reality that YOU CHOSE their father- You CANNOT UNDO that fact- Your kids have THE RIGHT TO KNOW THEIR DAD- and NO-ONE- except YOU have the responsibility to SUPPORT YOU.
  #8  
Old 01-18-2005, 10:45 AM
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A few other points to ponder might be that because you are trying to disrupt his right to be a father he has a good chance at getting custody. He is also more stable financially than you, so that increases his chances. If you try to sign them over to your mother, he could take them being a parent. You need to grow up and stop acting childish and selfish. They are his children also.
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  #9  
Old 01-18-2005, 01:40 PM
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Location: Michigan
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Quote:
Originally Posted by djohnson
A few other points to ponder might be that because you are trying to disrupt his right to be a father he has a good chance at getting custody. He is also more stable financially than you, so that increases his chances. If you try to sign them over to your mother, he could take them being a parent. You need to grow up and stop acting childish and selfish. They are his children also.
She doesn't care. She wants child support, alimony and she wants her mother to take care of the kids!
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"I owe nothing to my brothers, nor do I gather debts from them. I ask none to live for me, nor do I live for any others. I am not the means to any end others may wish to accomplish. I am not a tool for their use. I am not a sacrifice on their altars." Ayn Rand
  #10  
Old 01-18-2005, 06:39 PM
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Quote:
Originally Posted by VeronicaGia
She doesn't care. She wants child support, alimony and she wants her mother to take care of the kids!

AND she wants him to pay for her place to live!

I want the winning Powerball ticket.
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  #11  
Old 01-20-2005, 09:49 AM
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Posts: 110
Quote:
Originally Posted by toots1659
What is the name of your state? SC
My boyfriend and I have been living together for about 1 1/2 years now. We have twin girls together. We are not married nor or we common law. If we seperate can I get any type of alimony or support other than child support from him? If I do not have his approval, can I give custody to my mother?
Child support--how much child support can I get for the girl's. He brings home around $2,000.00 a month and I don't work, I am going to Technical College.
Right now my mother is keeping the girls for me to go to school, but I do intend to put them in daycare. Will this make a difference in support? I've refused to let the father see the girls, can anything be done to me for this? Will he have to pay for my place to live?

You can't deny the father the his rights to his children and receive child support, daycare costs, etc, without the courts putting a stop to it. ....Unless he's a criminal, and unfit, there's nothing you can do to remove him from their lives...Listen to the other posters, you can and might lose if you pursue your "stupid and childish demands". Is it a mountain worth climbing??? Sh!t in one hand and want in the other...see which one fills up faster.
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