Mutual Divorce?

[ric1287]

So my brother is about to get divorced. It will be a 'mutual' divorce, and he wants to know if he will still have to pay child support.

So if they (him and his wife) agree to divorce and have joint custody of their children, shouldnt they both supporting themselves (both have jobs) and then "come together" with $$ money for the kids?

any ideas?

 

[SmoochyTX]

There are so many factors that come in to play in a situation like your brother's, that I wouldn't even know where to start.

 

[ric1287]

well the only thing he is worried about is paying child support when he will most likely be paying 95% already.

his wife his the type of person who would use child support money for herself and still make him pay for everything.

 

[SagaLore]

Originally posted by: ric1287
well the only thing he is worried about is paying child support when he will most likely be paying 95% already.

his wife his the type of person who would use child support money for herself and still make him pay for everything.

Then here is where you start: a lawyer.

You haven't even told us what state they're in. That is by far the most important factor in how this is settled.

 

[RKS]

with children involved, I would advise your brother to get an attorney. if it is an amicable/mutual divorce they may be able to save $ by 'sharing' an attorney.

 

[shopbruin]

Originally posted by: RKS
with children involved, I would advise your brother to get an attorney. if it is an amicable/mutual divorce they may be able to save $ by 'sharing' an attorney.

you can't share an attorney in divorce cases. professional misconduct.

 

[RKS]

Originally posted by: freesia39

Originally posted by: RKS
with children involved, I would advise your brother to get an attorney. if it is an amicable/mutual divorce they may be able to save $ by 'sharing' an attorney.

you can't share an attorney in divorce cases. professional misconduct.

depends on the state. some states indicate that an attorney may represent both parties in
an irreconcilable differences divorce if there is no dispute or conflict existing and none arises, provided there is full disclosure and informed consent of both parties, preferably in
writing, and providing that if a dispute arises the attorney is disqualified from representing either party.

other states indicate that under certain circumstances, a lawyer may represent one party to the dissolution and prepare the marital Separation Agreement; but, even under these circumstances, both parties should have separate counsel for advice.

 

[mrrman]

this is complicated...depending on the amount of $$ each person makes, what state rules apply with respect to the kids...if both parties just fill out your own paperwork and file and list a reasonable amount then that should be fine since its 50-50 however if you go to court be prepared to pay more because the guy always gets screwed over

 

[ric1287]

i am aware that we could ask an attorney, but he is already stretched to the max $$ wise and doesnt want to pay xxx$ to ask a question. I just dont want to see him get screwed, because even though it is mutual, his wife has no sense of money and will want $$$

edit- sorry, this is in IL too.

 

[spidey07]

He had BETTER get a lawyer or he's gonna get reamed out the wazoo. Bad.

 

[ric1287]

Originally posted by: spidey07
He had BETTER get a lawyer or he's gonna get reamed out the wazoo. Bad.

ok, HE WILL BE GETTING A LAWYER, hes not going solo. He is getting prepared right now to do everything, and doesnt want to start blowing money away if hes not getting divorced until June.

 

[ric1287]

i am just looking for anyone who knows anything about mutual divorces.

do they just set an amount to pay each month? or is the guy screwed no matter what he does.

 

[Dr. Detroit]

Joint custody = the male paying child support

Men get treated for crap by family courts.

 

[Whoozyerdaddy]

Originally posted by: Fmr12B
Joint custody = the male paying child support

Men get treated for crap by family courts.

Maybe in some places. In Alaska it's done through a formula. You calculate the difference in income between both parents, factor in the percentage of time the children spend with each parent and there ya go. Theoretically, if both parents made the same and split custody evenly, CS would be $0 for each one.

 

[ric1287]

any other ideas>?

 

[jagec]

Originally posted by: Whoozyerdaddy
Maybe in some places. In Alaska it's done through a formula. You calculate the difference in income between both parents, factor in the percentage of time the children spend with each parent and there ya go. Theoretically, if both parents made the same and split custody evenly, CS would be $0 for each one.

wow, that's so...rational.

 

[Agentbolt]

In Alaska it's done through a formula. You calculate the difference in income between both parents, factor in the percentage of time the children spend with each parent and there ya go.

Seriously? What a great idea. That makes so much more sense than the standard "financially rape the guy no matter what" attitude most family courts have.

edit: great minds think alike

 

[RKS]

IIRC most states have 'formula sheets' for child support. I'll try to find one specific to IL.

 

[thecoolnessrune]

Originally posted by: RKS
IIRC most states have 'formula sheets' for child support. I'll try to find one specific to IL.

If you find one through Georgia, let me know.. I'm not sure how it works here... My Uncle got divorced and has to pay something like $800 a month in child support + i notice him dropping $1000-$2000 monthly on his daughter's "school trips"...

And yet, even though he wants to see her more, he only gets her on Wednesdays and any day his ex doesn't want her..

Seems to have gotten screwed to me..

 

[Chunkee]

unless he has RESIDENTIAL custody or there is an agreed upon arrangement, but even then judges do not like that, they are asshats... he is going to have to pay. Tell him to ready his wallet.

I have been through this, so give him some advice, although it may seem amicable now...have him watch his back, and document everything and do not be stupid....the laws still heavily favor the mother...even though she can cheat, smoke crack and lie...most judges will still award children to the mother.

there is no better example of how screwed up and unfair our judicial system is than divorce court. it is pathetic and a joke. have him save his money and do not get an attorney. if he is half way intelligent, he will do better than most of them anyway, i went through three and fired each one before i represented myself.

if they can stay out of court as much as possible, like mediation and agreements...they are much better off....and sway him if he does have to pay, do not let DHS mediate or govern the payments. that is another governmental legal raqueteering setup that will gouge not only him, but her also. the government loves divorce...they absolutely love it.

50 dollar marriage license to get married. and 15000 to get it dissolved....

 

[RKS]

Originally posted by: thecoolnessrune

Originally posted by: RKS
IIRC most states have 'formula sheets' for child support. I'll try to find one specific to IL.

If you find one through Georgia, let me know.. I'm not sure how it works here... My Uncle got divorced and has to pay something like $800 a month in child support + i notice him dropping $1000-$2000 monthly on his daughter's "school trips"...

And yet, even though he wants to see her more, he only gets her on Wednesdays and any day his ex doesn't want her..

Seems to have gotten screwed to me..

I have the 60 or so pages of the GA code section that has guidlines for determining child support.

 

[Ausm]

Depends what state you are in but where I live the guy ALWAYS gets fvcked more after the marriage then during


Ausm