We are currently 50/50 on custody for a little over a year. Before that I had roughly 95% while she was on supervised parenting time in which she met requirements of drug and alcohol abstinence.
A Gavron's warning has not been officially ordered, the STBX is currently working at a new job (pay rate unknown as it occurred recently) but had been inputted at minimum wage for maintenance purposes.
My last conference with my lawyer and her recently obtained lawyer had various items listed in the documentation.
My lawyer has made the following three arguments relating to support:
My current amount being paid is based off current income and not marital income, and previous case law was provided to illustrate the discrepancy. (Thanks to this forum and hat tip to outis, and the pointing out of the case (Hoffmeister II) which I passed to my lawyer and she included into the statement)
A request for imputation at STBX's market value of $20 an hour.
A reduced need in support due to cohabitation.
None of those items have yet been pushed back on, and fortunately, now that Stbx has a lawyer, he has grounded her on what to expect legally, not what she is due from her sense of entitlement.
Previous discussions here have mentioned offering maintenance for a year, in a token amount, due to how little I made during the marriage, which I'm OK with.
My initial thought is $100 a month for three years on a 12 year marriage.
We are also splitting my 401(k) which her portion is being used to pay her attorney fees as ordered by judge.
Some sticky points:
There is a loan that was called back on the 401(k) that she should be responsible for the taxes on, which she will not like.
After the split and taking into account loans and taxes, my remaining portion is about 10k.
I would be OK if push came to shove and use this amount to buy out maintenance completely.
I want to have clearly defined child related items, such as move aways, primary parent if required, school district, child credit and dependent claiming, as well as costs laid out including medical and dental and schooling.
As I am still in the school district, I would like to remain schooling parent, but the concern is, any wording that explicitly defines me as the residential parent will get immediate push back and shutdown any movement.
Im looking for advice on wording the decree and what to hang my hat on and any long term effects that can be taken into consideration.
READ YOUR PAPERWORK BEFORE SIGNING! IF YOU HAVE QUESTIONS, ASK!