My wife and I have been married for 5 years with an 8 yr old child and recently separated. We came to a mutual agreement in which she would get 60% of my income. I make about $2800 a month she gets $1800. We have not advised a lawyer on anything but I need to know am I doing the right thing or am I better off going to court and taking my chances to have that reduced. I have a lot of debt which I need to pay but unable to do that with current bills and expenses. What are the factors that the court looks at when deciding maintenance and child support?
Chad in Texas
Question:
My ex wife enrolled our Daughter in all day Kindergarten, which is $350 per month. She says this is part of the "daycare expense". Is this true? I think that all-day Kindergarten is school, not daycare and should not be part of the daycare expense, so I am thinking about bringing a motion to modify child support. Am I wrong?
Become a Better Parent and Prove It
by Dorthy Walsh Ripka, Esq. Cordell & Cordell, PC
If you are currently involved in a contested child custody case or soon will be, there are so key items that you must be prepared for in order to achieve the best possible result. If you want the Court to award you custody, then you will need to make the Court believe it is in the best interest of your child to be with you primarily. This is a very subjective standard, and the court is vested with great discretion in making this decision. You need to convince the judge that you are the best decision for the children’s home base. You will want the judge to believe in you and your ability to parent. It is not only important to show the flaws of the other parent, but even more important for you to show your strengths. The facts of your case are what will make the difference. This is not about the law or how your lawyer presents your case, but the facts, and the best way to present the facts.
Mark in California,
Question: My wife threatened me that she will file a restraining order if I won't come home at the specified time that she wants. Is that reasonable? We are not on good terms but I have never abused her in any way, and I can say that I am a good provider financially. I am a family man working hard for our living. I would admit that she found out that I am dating another woman but still I go home everyday, but I arrive home late like before 12pm the latest. Can I counter her restraining order if I'm not doing any harm to her.Your prompt advise is greatly appreciated.
Tom in Missouri
I have been divorced for approximately 9 years. I have 3 children ages 14, 11 and 9. I have joint custody with my children's mother but she is the primary custodian. I would like to get 50/50 custody but have been told by my former attorney that no judge will grant 50/50 custody because this arrangement has not worked will in this county. Can you advise me on how to get 50/50 custody if this is the reasoning behind this type of previous judgment?
