MA - Strategy and feedback Part III

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Re: MA - Strategy and feedback Part III

Unread postby Havalu7 » Wed Jan 03, 2018 12:24 am

Go gettum massie!
"No." is a complete sentence.

Do not move out of your house.
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Re: MA - Strategy and feedback Part III

Unread postby LovingDadof2 » Wed Jan 03, 2018 9:15 am

Good luck Massdad. We are pulling for you. Keep us up to date please.
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Re: MA - Strategy and feedback Part III

Unread postby _ProudPoppa_ » Wed Jan 03, 2018 2:53 pm

Good luck, brother!
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Re: MA - Strategy and feedback Part III

Unread postby fisher_dad » Wed Jan 10, 2018 11:07 pm

Win, lose, or draw you are inspiring in your resolve. I hope all is going well and in your favor OP.
You get what you put up with.

The List: http:http://forum.mensdivorce.com//viewtopic.php?t=13374
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Re: MA - Strategy and feedback Part III

Unread postby massdad1234 » Fri Jan 12, 2018 12:43 pm

judge came back, 3 overnights per week, pretty much 50/50 down the pike, although Mom got final on education, medical :evil: . Way better than her every other weekend final offer.

CS $475/week.

I think it is a positive, because it states that they shall remain in their current school district. If both parents move, kids follow mom. Why I think this is positive? I don't think she can find housing on $1800/month because she signed away $0 spousal support/non-modifiable in the district. She will have to work full time, which means I just journal for six months and file a new status quo, or she comes back to the table for a new agreement.

Also, her current work schedule requires her to work night shifts during the week too. Plus with her having to find residence in their school district. I will have to tighten the belt big time, but doable.
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Re: MA - Strategy and feedback Part III

Unread postby massdad1234 » Fri Jan 12, 2018 12:48 pm

oh, and she signed away 50/50 expenses on everything. She was expecting $2400/month and even that wasn't realistic. I think this is a major shock to her system. Either way, I got more than she was willing to give and I can just sell the house and find a rental in the school district.

We shall see.
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Re: MA - Strategy and feedback Part III

Unread postby massdad1234 » Fri Jan 12, 2018 2:06 pm

just confirmed with lawyer, she is responsible for 100% of her own expenses. I am responsible to pay for things, but only if I give my written consent, otherwise she must pay for it and it can't infringe on my time. He also confirmed that if she relocates outside the school district, the parenting plan will need to be modified.

Plus with the CS calculations, I can't see her income not raising to meet the needs of having to support herself and her children with support with the support I provide. It would be tough to only work part time considering how expensive raising children are. Otherwise, she cannot make any non-emergency decisions (co-parenting) and I have access to everything.

I also took the high road and never said a bad word about her to anyone once I kicked this thing off. Taking the high road I will pay dividends down the road I believe even though I have her dead to rights on banging a married dude plus others.

Her entire court position was the kids love her more, which obviously the judge wasn't swayed and gave me 3 overnights per week which is 3/4 weekends. She has to drop off at my house and vice versa. Pretty solid 50/50 down the middle on everything else holiday breakdown wise. All in all, very doable and in my opinion more than likely going to be modified.
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Re: MA - Strategy and feedback Part III

Unread postby Tom Kirkpatrick » Fri Jan 12, 2018 2:55 pm

Considering how things usually go in the state of MA, I'd say you did well Bro. Congrats.

Take some time off and savor the moment - just the moment. That doesn't give you license rest on your laurels.

massdad1234 wrote:She will have to work full time.....I just journal for six months and file a new status quo, or she comes back to the table for a new agreement......more than likely going to be modified.
^^^^^ Yep! De facto custody. Good strategy.

Depending upon jurisdiction, increased status quo during summer vacation won't count unless that status quo continues into the upcoming school year. Time to research MA statute.

FYI - For all intents and purposes, de facto custody expeditiously and flawlessly satisfies both custody modification standards simultaneously; namely, that a significant change in circumstance has occurred since the last order was written and that such a change is in the best interest of the children. However, the de facto component must be voluntarily.

Tom
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Re: MA - Strategy and feedback Part III

Unread postby massdad1234 » Fri Jan 12, 2018 3:11 pm

yup, I think there is an out that can help soothe her ego in the order. It states when she moves out things kick off. I could certainly seek clarity and use the courts to set a hard date to apply additional leverage. I think she will struggle to find housing without working full time. If that is the case, I also don't see her affording stay at home care.

So that being said, she might find alternative methods to have someone watch the children aka new dude(s) but it is what it is. Either way, she will have to work more to support herself or find a dude that will, so unless the dude is a child molester or beater, they will be with their mother (hopefully). Now, how quickly she can shack up with a dude in the school district, that is another question.

I could quickly put the house on the market for rental and or sell. If it is rented, even with a property manager, I could probably get positive cash flow out of it and find a rental quickly in the school district.

Bottom line, I believe the current order is favorable at worse and allows for discussion with the mother to open a dialogue about getting creative with an order that puts the kids bests interests first while also putting her in the best possible situation.
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Re: MA - Strategy and feedback Part III

Unread postby Broken Machine » Fri Jan 12, 2018 3:33 pm

Congrats. Hope you and your kids can finish the healing/adapting to the new life. And of course being even more free from the ex.
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