What do I do now???

[vickienehra]

What is the name of your state? Vickie Michigan

I was married in January of this year. We had been dating since summer and I was going through some hard times with my ex. My ex and I have been divorced for 6 years but have over 300 entries in the courts and he has been abusive to me and the children and I can go on and on about this one but I will stick with the current situation. My now husband, Fred, wanted to help me fight my ex in court and we currently have a guardian ad liudum to help with the best interests of the minor children. He is tired of fighting this jerk of an ex I have and the stress his making him very angery. He talks about the kids and I moving and talks of wanting us gone.

My concern is that I went on disability in December of 2006 because of my ex's threats to have me killed and all the court mess. I have no job, got out of my lease in a different county, moved to be with my new husband, we gave away all the furniture in the house I was leasing and have no money. Now, everything is in my new husband's name and I feel helpless and have no where for my kids and I to go. Can he kick me out of his house? What rights do I have for the children and me? Our agreement was to have him help the children and me with the mess of my ex and now he wants out of his agreement? my husband also talked me into only making partical payments on the car I was buying and now it is going to be reposessed. I am in a worse situation now than before. Do I have rights?

Vickie

 

[Ohiogal]

My concern is that I went on disability in December of 2006 because of my ex's threats to have me killed and all the court mess.

How did you qualify for disability based on threats?

I have no job,

Why can't you work? Being threatened -- well you can get a restraining order and file charges against him -- your ex -- for menacing. I do not understand how that makes you disabled and unable to work.

got out of my lease in a different county,

Okay.

moved to be with my new husband,

Okay.

we gave away all the furniture in the house I was leasing and have no money.

Why do you have no money? Because you are on disability? it was your choice to give away all the furniture in the house.

Now, everything is in my new husband's name and I feel helpless and have no where for my kids and I to go. Can he kick me out of his house?

The house is now the marital residence. Without a court order he cannot force you out of the house.

What rights do I have for the children and me?

You have the right to receive child support from the children's father. You have the right to file police reports against the ex for menacing. You have the right to put money aside in a separate bank account (though it will be considered marital income in a divorce).

Our agreement was to have him help the children and me with the mess of my ex and now he wants out of his agreement?

He has helped you and the children with the mess of your ex. But guess what -- a court is NOT going to require him to stay in a marriage he doesn't want to remain in. He is allowed to decide he wants a divorce from you.

my husband also talked me into only making partical payments on the car I was buying and now it is going to be reposessed.

He talked you in to making partial payments? What? You couldn't realize that you had to make payments according to the contract you signed? You made a bad decision. You cannot blame your husband for that. You decided to make partial payments.

I am in a worse situation now than before. Do I have rights?

Vickie

You do not qualify for alimony. You have the right to remain in the marital home until a court orders you to move. What other rights are you talking about?