Family Law Questions? Ask a Family Lawyer Online.
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My name is XXXXX XXXXX my goal is to provide you with excellent service today. I am sorry to hear of your difficult situation. Before I can give you an accurate answer to your question, please provide the following additional information:
Are you using the state child support guidelines to calculate child support?
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No. and that is stated in the paper work. He has offered $1000/mth for 3 children but as I stated that is grocery money. The standard of living "we are accustomed to" is nowhere close to that amount however, he has recently lost his job but still has means to pay.
I hired an attorney to file the suit only because online it is way too much paperwork. It is supposed to be filed "uncontested" so that it is that much cheaper for me. She gave me the proposed MSA to serve my ex myself instead of making a sheriff do it (him and I are currently trying to be as amicable as possible since he knows he messed up and I just want out. We are trying to be nice for the kids sake, no court, no fighting etc and we are trying to come to these terms without court orders to both sides are "happy" ) However he has returned the papers to me "marked up with questions" and it is after hours and weekend so I cannot get to my lawyer.
The deviation from child support was unable to be processed correctly because he is currently unemployed and the amount would come out to less, if not nothing, than what we agreed on ($1000/momth). One of his questions was if I expected him to split cell phone bills etc on top of the child support. Is the child support only allotted to "roof over the head" bills in which case, then yes, I expect the "extras" to be helped with separately.
He also wants a clause that all this becomes null and void if the children choose to live with him instead - my teens would never choose that considering their history with him, but the baby I dont want to see caught in the middle so I asked at what age would that even be an option to give the children the choice of which parent.
I can prove my ex "unfit" and will not allow the baby to live with him and have him on the minimal one day per week and every other weekend.
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Thank you yes I understand the standard of living applies to alimony and I have been gracious to him about that since he used money as a control issue anyway I dont want it. I am not willing for the children to suffer however and go without because he is being ... stingy.
And from your answer then I can feel 'safe' that no matter what he does to try and convince a 3 year old to live with him that he would not win in court? Yes, he is that childish himself and in competition mode right now. ..
I think you are being very gracious not requesting alimony, Jennifer, and you are right to protect the children.Right, a 3 year old child would never have decision-making authority as to where to live typically, so his attempts to persuade the child to live with him would be in vain.
Sorry I got a phone call. God bless you. Thank you. I will give you excellent feedback on this. I appreciate your time.
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