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Financial Issues This forum is for discussing any of the financial issues involved in your divorce.

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  #1  
Old 07-18-2013, 11:03 PM
ross ross is offline
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Question Gifts after divorce

If after you get a certificate of divorce is it over ?

I am going through a divorce and there are three children that at the present time live with the mother because she lives closer to the kid school and it made not a lot of sense to do anything to this arrangement at the time. I presently pay child support to her, through FRO and dealing with them is challenging to say the least.

One of the children mentioned to my Dad that he would like to live with me so my Dad suggested that he purchase a home near the school and then rent it to me at whatever I can afford.

And should the children move in with me I assume I would no longer have to pay child support.

My question would the ex have any claim on this transaction and what am I not considering could be issues.
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Old 07-18-2013, 11:09 PM
DowntroddenDad DowntroddenDad is offline
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How old are the kids? If they are younger, their wishes may not count over an already established court order.

But getting a house near them would be a positive thing and if you don't own it and don't make any income from it, it should increase your support payments.
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Old 07-18-2013, 11:12 PM
ross ross is offline
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12,14,17 and we only have a temp order regarding the custody of the kids
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Old 07-18-2013, 11:15 PM
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After separation (not divorce, but merely separation) your finances should be separated as much as possible. So any gifts to you after that date will not be accessible to the ex.

However, your living expenses will unfortunately always be somewhat involved, especially until the separation agreement is signed. If your rent is super cheap because you live in a home owned by your father, this reduces your monthly housing expenses. Is spousal support involved in your agreement? You may find your budget and your ex's budget get compared when determining who needs supporting more.

The big question here is why don't you and your ex both live close to the school and share the children 50-50? Then the children don't have to choose between their parents. How old are they? Under a certain age they should not even be given a choice. And lastly, bribing the children to come live with you so you no longer have to pay child support is just wrong. This may not be what you intended to sound like, but you want to be very careful not to give that impression to your ex or a judge.
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Old 07-18-2013, 11:26 PM
ross ross is offline
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Paying child support is not the issue as I will spend it on the kids rather than give it to her. I think the root cause with the kids is that the X has allowed her new "boyfriend" to move in and the kids I don't think like him to much. I do not think we are separated we have been to court a couple of times and I have a certificate of divorce the Judge agreed with me that spousal support does not apply and I pay based on the table rates. My guess if we add up the time the kids spend with me now the 14 year old 75% the 12 year old 25% and the 17 year old does not spend much time with either of us but we will say 50-50 there.
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Old 07-18-2013, 11:38 PM
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Quote:
Originally Posted by ross View Post
Paying child support is not the issue as I will spend it on the kids rather than give it to her. I think the root cause with the kids is that the X has allowed her new "boyfriend" to move in and the kids I don't think like him to much. I do not think we are separated we have been to court a couple of times and I have a certificate of divorce the Judge agreed with me that spousal support does not apply and I pay based on the table rates. My guess if we add up the time the kids spend with me now the 14 year old 75% the 12 year old 25% and the 17 year old does not spend much time with either of us but we will say 50-50 there.
Uh, yeah, you are separated. The relationship had an end date? You no longer share a residence or finances? One or both of you has a new relationship? You have a divorce order? Yep, separated.

Plus, you don't have spousal support and your kids are old enough to decide where to live. The picture got a lot less complicated.

Get the house near the school, get a final order for 50-50 for all the kids, pay offset CS to one another, and just let them set the schedule between the houses without counting time or playing one parent off against the other.
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Old 07-19-2013, 06:33 AM
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Quote:
Originally Posted by Rioe View Post
Uh, yeah, you are separated. The relationship had an end date? You no longer share a residence or finances? One or both of you has a new relationship? You have a divorce order? Yep, separated.

Plus, you don't have spousal support and your kids are old enough to decide where to live. The picture got a lot less complicated.

Get the house near the school, get a final order for 50-50 for all the kids, pay offset CS to one another, and just let them set the schedule between the houses without counting time or playing one parent off against the other.

I agree with this advice 100%.
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