We have been at the Divorce station for quite some time, I am finally going to pull the trigger but want to run some thoughts by the group.
Multiple children - aged 8 through 2.
Married 8 years, STBX works part time 20-30 hours a week. I work from home and pay all marital bills. Wife contributes nothing, receives nothing in terms of financial amount (food/water/shelter yes). I work from home. She works 3-5 days a week, typically weekends and holidays (restaurant biz.) I am looking to be primary parent. I have recently found out that STBX is cheating. My original plan was to file in July time frame with 12+ months of status quo of primary parent, supportive of their relationship with their mother and have my schedule completely mapped to the children's needs.
What kind of proof would be needed to prove adultery? Is the only purpose to account for that in funds that should be credited as part of spousal support as the income gap will be a factor. Her earning around $20K, roughly $90K over her rolling average at date of file. Any suggestion in case law to check up on from MA alums?
Game plan- Primary custody, in marital home, school address parent, Physical custody, 60/40 ish, 2 children will be in compulsory school, the other seems to enjoy going to public baby siting for hire. What is typical for that scenario? Only one child needing to stay at home or be handled by a 3rd party (not that it matters, but have family local she doesn't). My work schedule allows me the ability to be with my children all day if needed.
Any suggestions on leveraging infidelity to obtain custody goals? Any reason not to lower spousal support? My thoughts were to offer a somewhat honey deal up front if agreed upon (status quo 12+months) and a buy out lump sum, if no, radio silence and bunker down for court.
Not worried about money, going to have the recorder, batteries, well documented journal and lawyer briefed when I intend to file, but I will be honest, happy to have a relationship with their mother be positive as it has started to become, but see no reason to not try and win this business transaction while still being professional and clear about it. If we go to court, I will except the outcome, however the quicker we can move to a positive position as parents, the better for me, just now counting down the days.
Last edited by massdad1234
on Wed Dec 21, 2016 9:35 pm, edited 3 times in total.