Child Custody (havn't found the answer here)


#1

You will probably be able to make a good case for having primary custody since the boys are still with you in the home and the school is so close to you and based on her current living situation. Logically it will be difficult for her to justify having the children more than every other weekend, given the fact that she lives in a one BR apt. You may also be able to make a case based on the fact that she is living with someone.
Given their ages, the teens will have a voice in what they want to do and where they want to go…most lawyers and judges will not force kids of that age to do manadatory visitation.
You should try and work something out between yourselves as she is going to come out the loser if she pursues this.
You can run the support calculator on the site and show her that if the boys don’t want to stay w/ her, or even if they do stay w/ her, then she probably won’t get any support because they are with you(by choice) the majority of the time and you probably pay for their health insurance.
I wouldn’t count on any support from her.


#2

Thankyou mal.

Er… What if she is the loser?

Thanks to here my IRA is a few thousand less than what she would pay for child support over the next 4 years? I gave her a walk away sep agreement. That is I take debt (100%). I don’t ask for child support. I take house. Just go away.

Question: 20yr old has student loan. He and She set it up on line. It was done over a year and a half ago. Isn’t that student loan Marital Debt? I pay the parents portion (the intrest). Have been since she “departed”.


#3

It baffles me to no end as to why she is doing this. I would think her attorney would have shown her the numbers on the child support. I would think her attorney would have said “hey you don’t have a chance of getting custody living in a 1 bed room apartment 15 miles away and in another school district, while living with your boyfriend”. wouldn’t the attorney say to her that given the boys ages they would have a say in the matter. She knows how mad they are at her.


#4

Generally, both parents will have the right to have visitation with their children, unless either parent has physically or mentally abused the child. If the children are upset about the separation, the Judge is still likely to order that they have some visitation with their mother.

If she earns an income the court will order her to pay child support regardless of her income. She could file a motion to deviate from the guidelines but unless she has an extremely unusual expense it is not likely that it will be granted.

Helena M. Nevicosi
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax

Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044

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Building 600
Chapel Hill, NC 27514
(919) 321.0780

ROSEN.COM

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.


#5

I have 3 boys: 20 (in college),16,14
Wife caught having an affair.
Moved out 6 months ago.
Lives with boyfriend in 1 bed room apartment 15 miles from boys school
Boys school 1 mile from home.
Wife has sued for custody and child support.
Interim sep agreement (cars only) Living separate and apart yada,yada.
No financial support from her in 6 months.
Pleadings state she spends 69 dollars more than she makes every month.
Boys are PI$$ED at her

Question 1: What are the chances that a judge would award her ANY custody.
Question 2: What are the chances that I can get blood out of a turnip in the way of child support?