Quote:
Originally Posted by Human Way
The way i see it i have two choices. Give in and pay the full amount and get 35% visitation or status quo as she likes to remind me. OR go to court and fight for 40% or more. And adjust payments accordingly. Either way, i feel sick about it.
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You can request that she go to mediation with you. There is a possibility she will see reason if there is mediation, especially since you got along well enough the last 5 years.
Going to court doesn't mean you will end up in trial. 90% of suits are settled out of court. At your case conferences the judge will state what a likely outcome of a trial will be, and often will make suggestions for a settlement agreement. You would very likely get a suggestion that you are close enough to 40%, or that she should move up to 40%, or that she should back off from the table amount and stay with your existing agreement, etc. The point of negotiation is to settle on the Table amount, otherwise there is no negotiation.
The case conference will be a wake up call and give both of you an idea of what you realisticly can expect, and what would be considered fair. I found mine worthwhile and it really made my ex move her position (in my favour, drasticly, but I had a very strong case.)