How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Phillips Esq. Your Own Question
Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Family Law
Satisfied Customers: 19479
Experience:  B.A.; M.B.A.; J.D.
Type Your Family Law Question Here...
Phillips Esq. is online now
A new question is answered every 9 seconds

My wife and I are getting a divorce, she cheated and walked

This answer was rated:

My wife and I are getting a divorce, she cheated and walked out of the family, kids and all, march 1st 2013. then in June, got let go of her p/t job for having an affair. and then took all of those savings and cashed them out so they would not be avail for splitting. I want 50/50 custody, and 50/50 child care for the kids, we both can afford this, but she moved in with some on April 1st 2013 . the kid she was seeing for some time, they both share the bills and she only has them in her name so that she cant claim he provides for that home. they are trying to starve me out of the home (rental) that the boys and I still live, in (their known home) and no I do not feel its proper for her to not pay her part for wanting to be a 50/50 parent. we both are in bankruptcy and I need her to be committed to pay her half. and then just be divorced. I would not need 1/2 of the money she took that is ours. If I can just get her to split the kids bills , 50/50. she now has put me into more debt, for not paying her 1/2 of child care and the bankruptcy. Just last week she started to pay back some of the bankruptcy, but none of the child care since school 8-8-2013. she pays for the health care, that would be part of the 50/50. she only pays that, the mediator states that I should pay child support for having the kids 50% or more of the time by the price of $545.00 a month to her $130.00 per month, and then pay child care on top of that. to the tune of $170.00 to her for not paying her part, she has already given away her older son years ago, when she gave up on him, to her parents in P.A. before he was 18. if she pays half, I pay half, we both can get by and live our lives. and I would rather eat my lunch on the floor of the auto shop I work at, than any where in her house. People have seen this, and the sitter and I should not be the only ones feeding the kids, if she has them she should feed them also.. thank you, XXXXX XXXXX thing can be done. please let me know. I am at ends, about to loose my place to live, just to take care of my kids, is a oxy moron. since she has the money to pay her part. what she wanted was to go out and have fun. her way was to get rid of the kids, how to do this is, get rid of me. so I would have to watch the kids while she has fun. HELP.
Hello: This is PhillipsEsq. I am a licensed Attorney and I will be assisting you today.

I am sorry to read about your difficulties. I have few questions for you:

(1) Is the mediation still going on or have you discontinued the mediation because the suggested split is not fair?

(2) If you have the kids more than 50% of the time, why is the mediator suggesting that you pay $545.00 to her $130.00 in Child Supprt?

(3) Why are you paying Child Support when the children live with you?

(4) Why does the mediator think that she does not have to contribute 50/50 to child care?
Customer: replied 3 years ago.

My ex. Gets to have them just about 50% of the time. And she makes a big stink about getting it only her way when she feels good and ready to take care of this. This marriage which she gave up on. Its hard, with kids, and jobs not working out. 1200 miles from our family's but still.

I asked her to go back to mediation. But both the mediator and her feel I should pay just about all. And I asked Maria to talk about this. Via text. talking to her just turns into she thinks it has to just be my way not hers, not realizing its about the boys not us. She has not got back to me yet. then threatens to see an attorney, and will see me in court. Knowing I now have no money saved up. And she cashed out her one savings. The mediator told her that it was half for her half for me, she freaked out, got pissed, and said the mediation was over. Paid and walked out. she wants to not split the money , I pay the sitter, and pay her alimony, and child support on top of what I pay., so if it pay child support, at $150-170 per month. she is paying the heath care at $130 only. that's a upside down wash. I will be paying for the kids 100%. but not having the kids or sole custody 100%.

Thank you for the detailed explanation.

Well, if she is that self-fish, chances are that you would need the Court to resolve the issues in the case. Do not be intimidated by it. She getting an Attorney does not mean a thing—it does not mean that she would prevail. It is likely that she would not get a better deal than you are offering her. What you are offering her is more than reasonable in light of the circumstances in the case. So, you should not shy away from going to Court and representing yourself. However, if she wants to come back to the table and negotiate in good faith, that would be a good thing too. But if she refuses to come back to the table, then you need to let the Court decide. Click below for

Florida Family Court Forms and Instructions.

Let me know if you need additional information.

Phillips Esq. and other Family Law Specialists are ready to help you