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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 41220
Experience:  Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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I regained legal custody in February of this year and my oldest

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I regained legal custody in February of this year and my oldest daughter has been living with me full time since the beginning of April. I lost my job in February and have just found out I will be receiving unemployment benefits which is in the amount of about $500 per month. I have a mortgage and other bills to pay including my daughters clothing and food. I am almost out of my 401K which is taxed at about 30% interest and I'm afraid we won't have anywhere to live in 6 months time. My ex makes about $5k per week plus benefits and bonuses etc.The circumstance surrounding my loosing my kids are pretty bad but I have remained clean since then and am doing a follicle this week to prove that I am clean. The circumstance regarding my daughter living here again have to do with a serious problem she only exhibits over at my ex's and not here and she is working with a therapist to get to the root of it. My ex did sexually abuse me when I was married to him so of course that is an option that he did this to her too. I have another child there, also female and just hit puberty at 12. She has also been very withdrawn lately and is zoning out in front of the tv constantly at both houses. I am worried about her and need to get to the courtroom asap to get her help when she's with me here. My questions are numerous but I'll begin with the monetary one. Is this discrepancy in standard of living a good one? is a judge going to take my situation into consideration at judgement? what can i do to help my situation and financial outcome?

Thank you for your question. Please permit me to assist you with your concerns.

In terms of purely financial claims, provided that the judge agrees that you are fit to care for the child and also agrees to permanently change custody over to you, the disparity in income would permit you to potentially seek child support from the other parent. That does help you, although the benefits you would receive if you prevail would be lowered in part by removing a portion of payments toward support that you would owe for the other child that remains living with the other parent. A judge may take your situation into consideration but it might not help you--if a judge sees that you cannot care for the children and are out of money, the judge may order that the child be returned to the parent who has a more financially stable home. The best solution here is to try to obtain employment so as to show the judge that you are trying to provide support as best you can.

Good luck.

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