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Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

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Old 07-25-2017, 03:51 PM
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Hi Everyone as you now I've now been served..

Question 1 , lawyer wants to make an offer to settle , I get the point to this as my Lawyer indicated it is an important factor in the case. but would do you think would be reasonable, I make 84,000 she make now 18,00 per hour so I'm assuming she would be around 32,000 this is her new wage as of Feb this year. she is requesting back spousal also from date of separation sept 2014. Married Sept 99 , 2 kids 12 and 14

also in application She is asking me to share the driving as she choose to move across town and the kids come to my house everyday, she is asking me to even drive them to her place on her day ? doesn't make sense to me . I stayed in the matrimonial home so they could stay in the same schools.

Also that I can't move from the city limits ? I understand not ever moving far but not to able to move a few min out of town , ? as long as the kids stay at there same schools ?
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Old 07-25-2017, 04:19 PM
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I would counter with she is responsible for getting the kids on her parenting time. As for the city limits counter that to within the same school zone and that she also has to live in the same school zone.
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Old 07-25-2017, 04:20 PM
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I am not sure about the money part, cant off any advice there.

As far as driving is the moving out of town an issue because of driving? It would seem fair to share driving. What I am hoping for in my settlement is we each drive to pick up kids from each others home, then driving will be shared.
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Old 07-25-2017, 04:51 PM
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I pick the kids up on my days when they are at her place , she wants me to drive them to her place even on her days because they come to my place everyday after school. I stayed in the area she did not. Not sure why I would be responsible for her days , she has in the application I forced her to move across town , I can't believe it
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Old 07-26-2017, 12:01 PM
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no no no. she has to realize that she doesn't own you anymore. offer to take turns driving. I'm sure she has a car and a license, even if she doesn't, I'm sure she could afford one with the spousal and child support that she is receiving.

As per spousal support, not sure how that works, but I wouldn't offer to her to the date of separation, and would instead offer it to the date the court proceedings started and she asked for spousal support.

Who is the primary parent? The primary parent should not move out of jurisdiction, the other parent can move where ever the hell they want.
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Old 07-26-2017, 04:26 PM
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we have 50/50 custody
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Old 07-26-2017, 05:28 PM
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When you were together did she stay home to raise the children? Was she working prior to marrying you? Did she have to sacrifice because of being with you? These are all important questions for Spousal Support. Neither spouse is automatically awarded ss. SS is meant for a spouse who sacrificed their career in order to benefit the marriage.

So if the answer is no to the questions above, I would not offer any SS or minimal SS. If the answer is yes, then you can use mysupportcalculator.com to find out what range of SS you could be ordered to pay and offer the lower amount.

I would include an offer for CS based on the offset method.

I also think if you are the primary parent and the kids go to the school within your boundaries, your offer should accept not moving out of the jurisdiction as long as the children attend the schools but ensure it also states that while you share joint custody/equal time sharing, you are the primary parent.

As for driving, I would not agree to doing all the driving and offer that she does the driving when she is picking up and you do the driving if you are picking up. She is responsible for getting the kids for her time.

The point of an offer to settle is to show the judge that should this go to trial, you made attempts that were fair to try to settle without trial so you are not ordered to pay costs. It also gives the opportunity for your ex to see your position and hopefully accept the offer.
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Old 08-10-2017, 03:37 PM
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Yes you are correct I would be the primary parent as I stayed in the home and she moved outside the school boundries. I guess that would be a benefit to me , as they kids come to my house everyday after school.
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Old 08-10-2017, 04:41 PM
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have you tried some online support calculators? Wat did they say?
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Old 08-10-2017, 04:45 PM
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I have and of course they all say to pay, she is seeking back spousal and she is currently making more money today. I'm not sure if its based on todays currently hourly wage ? She is trying to go off of last years salary but she got a raise this January
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