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FRO enforcement, how screwed am I?

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  • #16
    Originally posted by Janus View Post
    How did you decide that you have the kids 39.5% of the time? Did her lawyer tell you that? When do you actually have them? We can do the math for you.
    They shaved hours off the weekend (ends Sunday at 6pm) and one of the days (school pickup til bedtime) and added a clause that regardless of math, I agree that time schedule as is does not consitute shared custody. Basically, she gets credit for bedtime.

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    • #17
      Originally posted by 416Dad39 View Post
      They shaved hours off the weekend (ends Sunday at 6pm) and one of the days (school pickup til bedtime) and added a clause that regardless of math, I agree that time schedule as is does not consitute shared custody. Basically, she gets credit for bedtime.
      So, it isn't 39.5%

      Can you not get legal aid? This clause seems to be one that would have almost no chance of standing up in court.

      (As a sidenote, the difference in CS if you had shared custody would have been $800 a month, which is $9,600 a year. The $10k you got was peanuts.)

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      • #18
        Originally posted by Janus View Post
        So, it isn't 39.5%

        Can you not get legal aid? This clause seems to be one that would have almost no chance of standing up in court.

        (As a sidenote, the difference in CS if you had shared custody would have been $800 a month, which is $9,600 a year. The $10k you got was peanuts.)
        Yep, if you discount hours spent in school, daycare and sleeping, comes out to something like 42%. Court arguments would be a back and forth over minutia like that. I doubt the 'not shared' clause will stand up in court either, which is why I've been told the de novo review in Dec 2017 should be a slam dunk. The only card she has to play against that is the 'deadbeat dad' one, which is (I suspect) one of the reasons she's pushing now with the FRO.

        Thanks for reminding me of the CS difference. I was well aware of the numbers at the time as well. She was pushing for sole custody in court, and I had a hard timeline to move out of the matrimonial home. At that time, I was still broke, unemployed and sick with an autoimmune disease while self rep. That immediate 10k upon signing meant survival. It was on top of another sum for spousal and property. (that wasn't much larger). Welcome to poverty. It often means shitty short term choices.

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        • #19
          But also means that you were taken advantage of. High priced lawyer versus someone who did not have proper legal advice.

          Get some legal advice. If your income is low you might well qualify for legal aid. Focus on yourmotion to change access. Leave,the money,issue alone till you have gained in the access issue and then simply apply for the benefits to be shared and the CS change.

          One step at a time keeping the issues separate is a good strategy.

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          • #20
            Originally posted by Beachnana View Post
            But also means that you were taken advantage of. High priced lawyer versus someone who did not have proper legal advice.

            Get some legal advice. If your income is low you might well qualify for legal aid. Focus on yourmotion to change access. Leave,the money,issue alone till you have gained in the access issue and then simply apply for the benefits to be shared and the CS change.

            One step at a time keeping the issues separate is a good strategy.
            Oh, I had proper legal advice. I may have been self rep, but I wasn't so foolish as to sign a final SA without consulting a lawyer. Managed to borrow a bit from friends and family for a few hours with a decent lawyer during the final signing. His conclusion was the same as mine; not fair, but not as bad as it might get at trial. Lawyers are risk averse too. Nuances in the SA are too complex here for a simple consultation with a new lawyer, and I (obviously) can't afford the old one right now. With the jobs, I think I'm just over the cut off for LA.

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