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Single Parents
Legal Advice...
So, I will be moving out as soon as I find a place and after finals in about two weeks. We are taking a "break" (aka DH wants a divorce and I don't want to separate at all).
Should I be doing anything legal wise so I don't end up getting screwed if we do divorce? Custody papers? We have an arrangement for summer while college is out but not sure about once school starts back up for me. Should I do anything else?
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Re: Legal Advice...
I would stay put and do not move before you hire a lawyer.
Unless he is being violent to you and in that case, I'd call the police if he were violent, and get an order of protection, and then he will have to leave your home.
I should rephrase. No violence and we both will be leaving out apartment because we can't afford it on a single salary either way. DH is moving in with a sister. I am living on my own with DS a little over half the week.
oh absolutely. in a divorce, you have to have a custody/visitation agreement. and if you guys can agree on that, that's awesome. but yeah you def. need a custody/visitation in writing- and a child support agreement. those are all components of a divorce proceeding and will be put in the divorce decree.
that's why you should just talk to an attorney because they'll explain to you how its all rolled into the divorce action. hope that clarifies things for you.
It's different in every state but in my state it's 17% of his income divided by 52 wks. If you have joint legal custody and residential custody- you take your weekly amount and cut in half.
It's different if you have joint legal custody - but you have primary residential custody- it stays at the regular weekly amount because the child is with you more and therefore you incur a greater financial expense to provide for your child.
Make sure you have copies of any and all financial documents before you two part ways. Tax returns, W2's, paycheck stubs, bank/credit union account balances, loan balances, insurance policies. All of it. Both his and yours.
Child support is calculated based on how many overnight's the non-residential parents has. You can Google for a child support calculator for your state, but be advised they're noe 100% accurate. The one for MI told me my STBXH would be paying $400/month and he was slapped with $625/month through the state.
Get any custody/visitation in writing and signed by both parties. Should you get into a dispute down the road during your divorce, that piece of paper could come in handy.
Get everything in writing. Everything.
This is great advice! This is exactly what my attorney told me, and this should be your first move. Keep all of the copies in a safe location (not in the house or car). You will need this later, so you had better get it while you have access to it.