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First Appearance Done, Got Response - C/S Reduction, FRO, Sole Custody, Fees

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  • First Appearance Done, Got Response - C/S Reduction, FRO, Sole Custody, Fees

    Here's the deal:

    1) First Appearance Done - Scheduled Case Conference

    2) Received Response from X where she DIDN'T include financials even though my Motion is to Change Child Support due to lower Annual Income

    I was fired from my job from my Mother (family business) back in Feb 2010 - I was making $70K. Child Support in Separation Agreement was established at $1,000 even though at the time I was unemployed. C/S begins after sale of matorminal home which was Oct 1, 2010. In August 2010 I got a job making $43,000, I applied to over 300 jobs and this is all I could find.

    3) In response X tells me I an underemploying myself even though I included Termination Letter from Parents (Mother was upset about separation, now I don't have any relations with my parents beause of this), and the correspondence of emails and applications for over 300 jobs. Tells me I make $68,000K with no proof whatsoever.

    4) Meanwhile X bought a house at $290,000 after our house sold, I gave her 100% of everything. Probably put $50K down but she ONLY works part-time still, stocking shelves at a local grocery store. Tells me there are no jobs where she lives. I figure she is voluntary unemploying herself and expects me to continue paying her $1,000 so her mortgage is covered.

    5) Also X is going for sole custody. In the separation agreement signed in June 2010, drafted by HER LAWYER, I signed without Legal Counsel, it is Joint Custody and I see the kids alternating weekends and one day during the week. No history of violence, no drinking, no drugs, no spousal abuse, just a marriage that fell apart. Always been there for my kids.

    6) X wants me to pay for her legal fees.

    7) X putting me on FRO (obviously me paying her on time is not enough) so I figure ok you want to be in the waiting room for your cheque? Go ahead. Don't blame me when you don't get paid for months since FRO is a disaster.

    So now, going to get a lawyer for the case conference. Also how do I get her to submit her financials? She does esthetics on the side, I know because I paid for all the equipment. If she can make claims against my income, I surely should ask her about hers.

    Can she get sole custody? I don't think so. Best interest of the kids is BOTH parents.

  • #2
    Getting sole custody is an uphill battle. Chances are unless there are issues (metal helth problems, violence, unreliable) she will fail, she's going for gold hoping to get silver
    Judges like to uphold current visitation. You just need to prove when the araingment was made and how long you have upheld it.
    Loser always pays winners legal fees, if you settle you each pay your own legal fees.

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    • #3
      Originally posted by MommaMouse View Post
      Loser always pays winners legal fees, if you settle you each pay your own legal fees.
      1) Not true - winning is only one of the factors that determines cost awards.
      2) That's one of the details in the settlement - whether one party pays the other for some/all of the others' fees.

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      • #4
        That's a lot to digest. One thing that occurs to me... separate all these issues from your relationship with your kids. Do whatever you need to to preserve and even strengthen your relationship with your kids. Insist on seeing the kids - take what measures you need to - this may include seeing a lawyer very soon and do all this b/c you really want to be the dad to your kids.

        I think the prevailing idea is that two parents are in the kids best interests - unless there is something compelling - such as substance abuse, etc.

        I'm sorry that your family of origin has let you down. I guess your mom did what she thought she had to do - but she was hurting her son and her grandchildren in way - it seems to me.

        Comment

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