divorce360.com provides help, advice and community for people
contemplating, going through or recovering from divorce and the issues around it,
including separation, divorce laws, spousal support and emotional issues.

ADVERTISING PARTNERS


Answers
You can search for Answers by tag here:

Invite Others
Invite friends and family to join you on d360! - Click here
where do I start
Our checklists are a great place to start. Or, get a quick review of your state's divorce laws with our Legal Cheat Sheet.
  Posted to group - Legal Answers    <<Previous    Next>>

Questions abound . . .

It seems to be that my husband and I are speeding down the road toward divorce. I moved out of the marital home with our 2 children well over one year ago. This may be irrelevant but he asked me to leave because "you (me) have somewhere to go" meaning my Father's house, which is where the kids and I have been living since we left. I'm currently laid-off  from my part-time job (between 10-15 hours per week - it always fluctuated) but I did not file for unemployement. He works full time and earns over 6 times what I made when I was working. He currently pays me $200.00 per month (a figure which he decided was good enough and that amount just started 3 months ago) for child support. And although he is "so broke" just bought himself the truck that he was leasing. He also has a car that he's making payments on and a Harley that he paid for in cash. I'm aware that if we head to court he will likely be ordered to pay between $800-$1000 per month. The kids have lived with me and visit with their father twice a week (2 overnight visits). He did not take my daughter for any type of visit until she turned one year old (Aug. 08). He insists that the kids 'live with him, too' and he is also their 'primary care-giver'. I think he's trying to make a case for himself to pay less child support. I'm home with the kids full-time since I'm not working and his work schedule is erratic. He works a 12 hour shift when he's 'on' and has different days off every week. Never the same days off and never the same amount of days off (sometimes it's 2 days off, sometimes it's 3 days off, sometimes it's 4 days off). What am I up against when we head to court?  Is there anything in this situation that favors keeping the kids with me and the husband receiving the same 2 days for parenting-time visits? What would a judge make of this - it seems to be such a mess and so unstable for our kids. Would a judge look upon me unfavorably because I did not file for unemployment? I've been researching jobs that allow you to work from home (via the internet) and also have contacted a local college about going back to school, I thought it would be prudent to further my education at this point seeing how I will have to be self-supporting in the very near future. If anyone has any scrap of advice or many scraps of advice or has any kind of similar situation that you are dealing with I would surely appreciate your advice/help/thoughts. Thank you so much!

by Sunflower2   294 Posts 
Posted on 1/6/2009 12:39 PM
Get AlertsGet Alerts!
Sent to Friendsend to friend
Michigan legal questions on divorce360.com
0

Tags: divorce , court , custody ,
child support , visitation , michigan


Answers for "Questions abound . . ."  (1) (You must be logged in to answer)




the fact you haven't filed for unemployment is irrelevant to custody - but you really should just because you have no idea when you will be geting back to work.

Courts favor status quo - and if for the past year you have been the primary care giver and he has has two day of visitation, that will more than likely not change. He may get more time with the children, but you will retain primary custody - he'd have to prove you unfit for the primary status to change.

What I don't get is why you moved just because he told you to - you have rights - if the home was purchased while you were married you have rights to some of the equity, if any of the vehicles were purchased while you were married (like the truck) you are entitled to at least one...there is marital property you deserve...you are entitled to spousal support...

you reaaaaallllly need to consult an attorney.
by spaznskitz   7745 Posts
Posted on 1/6/2009 12:56 PM
0







Divorce360.com is not a substitute for advice from a lawyer, accountant, financial planner, therapist or other professional to obtain advice. Divorce360.com is not intended to, and should not, take the place of professional advice. The opinions expressed in the divorce360.com message boards are those of the author and the author alone. Divorce360.com does not endorse any specific product or service.

 
divorce Community::
popular blogs
Has Social Networking Led To Divorce?
If your divorce was caused (or sparked) by one someone (you/your spouse),...read more 

taking too long
I wonder how many people out ther are in the same place I am.He left in Feb of...read more 

i got my divorce papers today
He moved out over a year ago.  We were married for 16 years and have a 14...read more 

get/give answers
how long should this take
I'm wondering realistically how long, at the most a divorce can take. I've been...Read Answers/share yours 

how to find a good bankruptcy attorney?
I need a bankruptcy attorney to protect myself and my one last asset (my house)...Read Answers/share yours 

Going to court
Mediation date was set for Dec.  I had a meeting with my attorney today to...Read Answers/share yours 

expert Q&As
Faith Therapy : Does a Separation Work?
My Husband and I Are Having Trouble. Is It a Good Idea for Us to Separate?...read more 

Stress Relief: Tips to Help after Separation
Mental Health: Overwhelmed by Changes in Household Routine. What Should I do?...read more 

About Law: Do Divorce Kits Work?
Legal: What You Should Consider When You Think About Divorcing Using a Kit...read more 

expand information center
divorce360.com's ecards
divorce focused content ::
divorce most popular ::
1. When Is a Marriage Worth Saving?
10 Things to Think About When Considering Whether to Stick with a Relationship

2. 8 Things No One Ever Tells You about Divorce
Number Three May Surprise You

3. Divorcing? 15 Costly Financial Mistakes
Settlements: 15 Critical Financial Mistakes Often Made in the Heat of Divorce

4. Beginning Checklist: Planning to File for Divorce
12 Steps to Consider if You or Your Partner Have Decided to File for Divorce

5. Are You Ready For Divorce?
Three Key Questions You Must Ask Yourself