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Do you think he might get joint?

My future x-husband and I have court this Thursday. I live in Indiana btw. We have an almost 3 year old son together (he'll be 3 this August). I am only asking him for $50 a week in child support which is less than the state would grant, and I am only asking for half of the marital assests which is only the things we bought with the wedding money. Everything else is his. He is being completely irrational and is telling me he cannot afford to pay me child support because he just bought a boat. He also said he is going to fight me for joint physcial custody (I agreed to joint legal and sole physcial for me) so that he can get the support lowered even more. Right now he has our son 2 overnights a week and 3 overnights every other week...mainly because 2 of those days I have to work and have no one at home to watch him (my son and I live with my parents). We both have lawyers and mine is telling me I have nothing to worry about and his is telling him he has nothing to worry about. Both saying we are both going to get what we want which is obviously impossible. So do you think he had a shot at getting joint physcial? I also have dirt on him that I will bring out if necessary. Text messages from him telling me he wants to drive his truck into a tree...etc.

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Anonymous

Asked by Anonymous at 3:07 PM on Jun. 18, 2012 in Relationships

Answers (6)
  • Unless you can prove he is unfit he will get joint
    LostSoul88

    Answer by LostSoul88 at 3:11 PM on Jun. 18, 2012

  • Ask for child support and alimony,, if he makes more than you he may have to pay until you can get up on your feet,, if you make less money even with equal visitation, you can still get child support,, I would also ask that he carries your child on his insurance,, at the very least it will be one issue you don't have to deal with,, You all do understand that your paying lawyers to fight what should be able to be hammered out between the 2 of you correct?
    kimigogo

    Answer by kimigogo at 3:34 PM on Jun. 18, 2012

  • I don't know in Indiana, but in California now it is almost always join custody. As for the child support. The court won't care that he bought a boat, his financial responsibility will first be to his son. They won't care what his bills are, only what his income is, and his child is entitled to a percent of his income,
    ohwrite

    Answer by ohwrite at 3:35 PM on Jun. 18, 2012

  • here in Nevada, all parents get join custody...even those who present evidences of physical abuse....or emotional damage....The family court believe that no mother what BOTH PARENTS HAVE THE RIGHT TO RAISE THE CHILDREN TOGETHER....they created them, they raise them EVEN IF IT INCLUDES THE KIDS GOING BACK AND FORT FROM ONE HOUSE TO THE ANOTHER in the middle of the week.......SO, good luck!

    Monsita

    Answer by Monsita at 8:08 PM on Jun. 18, 2012

  • Honestly, why are you asking for less CS than the state would award? The money is NOt for you it's for your child and his future. Even if you don't actually feel that you need it you should still ask for what the court considers to be a fair amount and put it into a bank account for his education.

    It sounds like he hasn't really understood what CS is for ... You might point out to him that it costs a lot more to keep a child than most people ever get in CS ...
    winterglow

    Answer by winterglow at 7:44 AM on Jun. 19, 2012

  • I would bring out the dirt on him in court if he's going to be unreasonable like that and tell you to drive yourself into a tree...good luck hun =(
    xdeviouskittyxx

    Answer by xdeviouskittyxx at 6:45 PM on Jun. 19, 2012

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