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Ely
Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 87437
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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Hi there, Im a great mother of 2 amazing boys age 8 and 6.

Resolved Question:

Hi there,
I'm a great mother of 2 amazing boys age 8 and 6. My husband is an excellent father but we are getting divorced. I want my ex in their life because he is a great man/father but I also want to protect myself financially. For 10 yrs I have given up my work life and have been a stay at home mom. My husband is a doctor who makes $500 000/yr, so he provided me with a nanny full time. Now that we are divorcing (I am 36), I'm not sure what to do about custody. I want to protect myself as much as possible with $$$$$ because I have no work experience and no college degree. My husband wants shared joint custody. I thought I wanted that as well but if I do that do my child support payments get cut in half.
If I ask for full custody and tell him he can as much visitations as he wants. What is the best way to do this so I can get as much money for me and my kids plus still having my ex in their life?
Thanks
Submitted: 4 years ago.
Category: Family Law
Expert:  Ely replied 4 years ago.
Hello,



My name is XXXXX XXXXX I am one of JustAnswer's attorneys. I'll be helping you resolve your matter today.



Let me lay down some custody and support laws for you and then having that knowledge base, you can ask me specific questions.

The Court decides on custody based on the rule of thumb of "best interest of the child." This includes, but is not limited to, general stability of the parent, financial stability, indoctrination of the child in the current school and environment, household condition and living condition of the child, other persons living in the house, etc.



The courts generally do not like to split the custody 50/50 since this is hard on the child – imagine having to move every half a year.



One parent usually becomes the main caretaker (in many states this is called the managing custodian) and the other parent becomes the "weekend" parent (often called the posessory custodian) which is every Thursday, every other weekend, and alternating holidays. The minute points of the custody can either be decided by the parties or the Court, if the parties cannot come to an agreement.



Even if a parent does not get managing custody, they are almost guaranteed the posessory custody unless they have a drug problem, alcohol dependency, or an unsafe home environment. Abuse and or neglect of the child or previous children are an almost automatic bar for even posessory custody, although supervised visitation may be granted by the Court.



The posessory parent pays child support to the managing parent, unless the managing parent declines it. All states have a preset salary percentage calculation for child support, but this can be altered if both parties agree to a lesser or higher amount or do not put child support in the orders all-together - the Court will not care.

















Customer: replied 4 years ago.
Eli...if I give up my full custody and do shared custody with my ex am I giving up 1/2 my child support. My lawyer tells me I can get $8000/m full child support....If I give up full and move to shared will that drop to $4000/m?
Expert:  Ely replied 4 years ago.
"I give up my full custody and do shared custody with my ex am I giving up 1/2 my child support."

Yes, if you mean by "shared" as in 50/50, but it is unlikely the Court will grant that unless both of you agree to this. In that case, you'll pay support to him when they're with him, and vice versa, or none at all for either of you from either.





I hope you found my answer helpful, and if so please click on the GREEN ACCEPT button for my answer. This is the only way for me to get credit for my work.



Your question will not close, and you will still have the opportunity to follow-up if and I would be happy to answer any and all of the follow up questions.












Customer: replied 4 years ago.
One more question...we originally both (mom and dad) agreed to do 50/50 meaning 1 week will be mom and next week will be dad. We both agreed on it. But the problem I'm having now..is that I would much rather get $8000 /month which is the full amount...if I do 50/50 will this amount drop in half? If so I will go for full custody with any visitation he wants......
My whole problem is that I need as much money for me and my kids, I want to be protected!!! How do I do this with getting the full amount for child support, since I do not work and he is the bread winner making a great salary.
Expert:  Ely replied 4 years ago.
Yes, it will be reduced if you go 50/50, of course. The whole idea of child support is to pay back the custodial parent for the money spent on the child while the child is in their possession. You can get roughly 20% of his income if you become the full custodial parent and he only gets visitation. The more custody you have, the more child support you get, since child support is to repay you for taking care of the child you have together. Makes sense?



I hope you found my answer helpful, and if so please click on the GREEN ACCEPT button for my answer. This is the only way for me to get credit for my work.



Your question will not close, and you will still have the opportunity to follow-up if and I would be happy to answer any and all of the follow up questions.








Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 87437
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
Ely and 7 other Family Law Specialists are ready to help you
Customer: replied 4 years ago.
Thanks Eli. YOu have been a great help! Think I'll go for full custody with as much visitation my ex wants. I need $8000/m rather than $4000/m.
Expert:  Ely replied 4 years ago.
No problem. Good luck :)

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