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Divorce Source Community Forums >> Domestic Violence/Abuse

almostheaven
Carpal \'Tunnel

Reged: 07/13/04
Posts: 10468
Loc: West Virginia

Re: Advice for my situation...

04/20/05 02:14 AM

>>What are my options for making him move out of the apartment, or to move out
>>myself, when I reach the point that I am ready for this step? Do I have to give
>>the landlords and/or him 30 days notice?

Whose name is on the lease? If it's you or both of you, you're bound by the lease terms. You can move out and trust him to pay the lease, but you only set yourself up if he doesn't. So if the lease requires a 30 day notice, you must give them a 30 day notice. They will then need to reissue the lease in just his name if he's wanting to remain there.

>>Can I depend on getting that money myself though filing an injured spouse claim?

If these were HIS student loans, yes, you're entitled to file injured spouse. And the IRS will refigure your tax liabilities separately and refund you your portion.

>>Will I be responsible for any alimony for him? Is there any chance of having child
>>support ordered? He is capable of working, just unwilling.

Alimony will depend upon Indiana's rules and I don't know what they are. However, I don't know of any state that does award alimony that will award it on 3 year marriages. Mostly you had to have been married at least 5, and generally 10. And yes, CS would be ordered. If he hasn't worked, the court may set it at their state minimum, which generally runs either $50 or $100 per month. Or they may base it on minimum wage or whatever they feel he's capable of earning. Arrears will add up if he doesn't get to work and find a way to pay it.

>>Is there any ways of documenting the abuse? There are records from the councelling
>>we have done, both joint and separate. Can these be used in court?

Yes they can, as well as the CPS records and his medical records. These are factors that can be used in determining custody and visitation issues because they are relevant to how he interacts with the child.

--------------------
Char Fox

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Subject	Posted by	Posted on
Advice for my situation...	MtDolly	04/20/05 12:43 AM
Re: Advice for my situation...	almostheaven	04/20/05 02:14 AM

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