A trial date has been set for the accused Dunwoody daycare killer. It comes as the suspect’s family struggles to make ends meet.

Hemy Neuman sat flanked by his defense attorneys as DeKalb County Superior Court Judge Gregory Adams set October 17 as the date for the murder trial to begin.

Neuman is accused of shooting Russell "Rusty" Sneiderman, 36, to death outside Dunwoody Prep after Sneiderman had dropped off his son there one morning in November of 2010. 

According to court records, Neuman was having an affair with Sneiderman's wife, Andrea. Sneiderman was Andrea's boss at GE Energy.

Neuman's income from the company was the family's main source of income.  Since his arrest, the family is several months behind on the mortgage and face foreclosure.

"It hurts because he had access to all the money.  It was all in his name and he has not turned it over to his wife and children in order to support them," said Esther Panitch Neuman's wife's divorce attorney.  

Panitch says Neuman is also tying up tens of thousands of dollars from his retirement accounts and he refuses to settle a legal separation.  His attorneys have also delayed the case more by moving it to Fulton County.

"We agreed we are ready to try our case anywhere, anytime.  So, if it's Fulton or DeKalb or the moon, we're ready," said Panitch.

Neuman's divorce attorney would not say why his client refused the settlement offers.

Motions will be filed by both the prosecution and defense the first week in August. 

Panitch says the attorneys had agreed early on not to bring his children into the spotlight but repeated comments by Hemy Neuman's attorney Doug Peters, left her client no choice.

"He has been an exemplary father, always in their lives.  Under the circumstances, he continues to try to do all that he can and to be their father," said Peters.

"It makes me sad for his children who have to go through all this and will continue to have to go through this long after the resolution of the criminal case.  They will forever be associated with their father and his alleged horrible acts," said Panitch.