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rose122 · Mar 6, 2011, 12:31 PM

This person if the father of my two sons. Moved into my home without consent. Refuses to work after losing his job and owes over twenty thousand dollars in back child support. Is refusing to collect unemployment or obtain benefits. Does not pay for any bills, uses up my electricity and eats all the food I purchase for the children. Verbally abuses me. How can I legally get this person out of my home?

joypulv · Mar 6, 2011, 12:37 PM

It's a little late for charging him with trespassing. You have to evict him according to the laws of your state, as either a tenant or lodger, whether he pays a dime or not. If he's abusive enough, you call the police, have him ejected by them, and have a restraining order ready. Did he ever pay the bills, such as when you were pregnant or the 2 children were infants? It would help if you two could sit down and perhaps come to some terms first.

rose122 · Mar 6, 2011, 12:46 PM

He has been ordered to pay child support after we broke up about ten years ago. He lost his employment four years ago and has not paid a dime since. I am surprise that this man still has a license to drive or is even walking the streets. I tried serving him with a restraining order but since he has not beaten me up, they will not issue one. I work, study and pay all the bills and I also paid for my home on my own. He did not put one cent into anything that I own. He feels that since he paid minimal child support for the children for about seven years, that he has the right to live off them now. One of my children is disabled but I can not get disability for him since I work and make enough to support him with the child suupport that he does not pay. I can not get help since he is ordered to support.

NavyFiancee · Mar 6, 2011, 12:59 PM

I have been through this! The only difference is that I was physically, verbally, and mentally abused. You HAVE to get him evicted... if you DO NOT then HE WILL NEVER LEAVE. Another thing that will help you out in the long run is to call the cops whenever he starts screaming at you especially if your children are around. Even if they do not take him to jail (which they probably won't because he hasn't hit you) it still means that a report has been filed against him. This is called a paper trail. This way , if you ever do have to go through physical abuse with him it will make it easier to prosecute him if you have done the following things.

1) call the cops, even if you think it is for a dumb reason
2)talk to your children (depending on how old they are) and figure out if they like the way that daddy treats you. Believe it or not... it may surprise you what they have to say.
3) EVICT HIM!! Go to your local sheriff's department to get a eviction paper... even if you live in the city the county should still handle all CIVIL matters, and this is a civil matter.
4)Follow through with the eviction. If you have family nearby then you may want to get your kids and go stay with them until he is out, because I guarantee you that he is going to ride this out for as long as he can, but before you leave to go to a family members house... take pictures of your house, this way if he gets pissed off and punches a wall or 2 or messes up anything else he can be charged with malicious damage and will be forced to pay.