Child Support during Seperation

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Child Support during Seperation

Postby Cme1201 » Fri Apr 27, 2012 9:37 am

My wife moved out of the family home 5 weeks ago. When she did I agreed to pay her $100.00 per week ($400.00 per month) as child support.

Should I be doing this before any legal or written agreement has been made?

I live in Florida which doesn't have a legal seperation which to me means that anything I do before the filing of official papers can be seen as me simply being a nice guy. I pay her by Cashier Check drawn from my Credit Union.

Is this smart or should I with hold the funds apply to the mortgage or held in a savings acount?
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Re: Child Support during Seperation

Postby defaultuser » Fri Apr 27, 2012 9:43 am

Are you ok with not seeing your kids much after the divorce? If you want to be a part of their lives, you should insist that your kids be returned to the marital home, like in an emergency motion. Florida isn't too hard to get 50/50 time-sharing schedule with the kids, but you can't be shooting yourself in the foot (like you're doing now).

You need a lawyer. Today.

Whether or not you should pay child support is up to you at this point, but be aware that your wife can seek support even if you never file. If it were me, I wouldn't pay, and put that money toward an attorney and getting the kids home, preferably without her.

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Re: Child Support during Seperation

Postby MrCoolDC » Fri Apr 27, 2012 12:18 pm

First, lawyer-up, and second, go and get your children and return them home. Your wife is setting up a status quo where she has the kids 100 percent of the time.
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Re: Child Support during Seperation

Postby Cme1201 » Fri Apr 27, 2012 12:57 pm

I am in the process of saving for the retainer.

I have the children (3) every weekend and alternating Thursday's. My work schedule makes this the optimal arangement. I would prefer and will ask for 1 week on 1 week off as the custody arangement once we hit that stage.

She is not trying to limit my time (yet).
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Re: Child Support during Seperation

Postby minuette » Fri Apr 27, 2012 3:50 pm

Cme1201 wrote:I have the children (3) every weekend and alternating Thursday's. My work schedule makes this the optimal arangement. I would prefer and will ask for 1 week on 1 week off as the custody arangement once we hit that stage.


Does not compute. Weekends and alternate Thursdays work for you now so you don't insist upon week on/week off, but you will ask for it later, after months of status quo is set with you in the current arrangement? Why not ask for week on/week off now and keep pushing for it (by making it easy for the mother to have the kids stay with you, among other things)?
Trivial or impure dreaming literally rots the fabric of the future. --Lawrence Durrell
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Re: Child Support during Seperation

Postby Anything4Her » Fri Apr 27, 2012 4:08 pm

Cme1201 wrote:I have the children (3) every weekend and alternating Thursday's. My work schedule makes this the optimal arangement. I would prefer and will ask for 1 week on 1 week off as the custody arangement once we hit that stage.


REALLY bad idea. As FatherofFour says repeatedly, structure your life NOW so that it reflects what you would like it to be post divorce.

After months of every weekend and alternating Thursdays, why shouldn't the judge rule to give you something similar for temporary orders, which often then become perm orders?

If your goal is week on, week off, do that now, don't wait.
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Re: Child Support during Seperation

Postby Cme1201 » Fri Apr 27, 2012 4:27 pm

I pushed for 1on/1off for 6 months while she was making up her mind on if she was moving out.

She wanted me to have the children 2 weekends a month only I relented on the week on week off if and only if I could have MY children 1/2 the time. She moved to 3 weekends (her idea of weekends was me picking them up from school on friday and her picking them up on sunday at 9) I repeatedly stated that what I wanted was fairness equal being equal, of course her response was you only want this so you don't have to pay child support.

With the lawyers that I have spoken with I can allow this as temporary until the nitty gritty business of finalizing the papers and mediation take place where I will place my desires before the court. Week on Week off is a complete objection to her.

I am at a little under a third of the retainer that is being requested, saving for it is a priority after catching up the mortgage.
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Re: Child Support during Seperation

Postby chereeda » Fri Apr 27, 2012 4:31 pm

Cme1201 wrote:She wanted me to have the children 2 weekends a month only I relented on the week on week off if and only if I could have MY children 1/2 the time. She moved to 3 weekends (her idea of weekends was me picking them up from school on friday and her picking them up on sunday at 9) I repeatedly stated that what I wanted was fairness equal being equal, of course her response was you only want this so you don't have to pay child support.


So, you want to tell us again how she's not trying to limit your time?

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Re: Child Support during Seperation

Postby hoosier_dad » Fri Apr 27, 2012 6:28 pm

Cme1201 wrote:With the lawyers that I have spoken with I can allow this as temporary until the nitty gritty business of finalizing the papers and mediation take place where I will place my desires before the court. Week on Week off is a complete objection to her.


You should have come here first, you've received horrible legal advice.
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Re: Child Support during Seperation

Postby Fatheroffour » Fri Apr 27, 2012 6:43 pm

Status quo is king.

Your case will need to be crafted on how the current schedule is not working and your proposal is in the childrens best interest.
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