Settlement options

[ecmst12]

And still not relevant to this thread, so stop bringing it up!

 

[Bali Hai]

And still not relevant to this thread, so stop bringing it up!

Actually it was OP who provided new information that he has custody of the children. I merely asked a question that I thought appropriate for the well being of the children. Please forgive me if I offend you in some way.

 

[NYCTeacher]

Be careful with your right to maintain custody of the children, I've seen changes in custody just from a move one school district over....IMO, no you don't have rights to the house, BUT, if i were you the next premise i moved into would continue to be in the same school district you are currently in....

Are you going to be able to rent/buy a place appropriate for the children within the current school district?

 

[SESmama]

Be careful with your right to maintain custody of the children, I've seen changes in custody just from a move one school district over....IMO, no you don't have rights to the house, BUT, if i were you the next premise i moved into would continue to be in the same school district you are currently in....

Are you going to be able to rent/buy a place appropriate for the children within the current school district?

Did you even bother to read through the thread?

Nothing divided in the divorce, I ended up donating most of her belongings, the kids stayed with me. The owner - her father - rewrote me a new lease to stay in the home. The kids and I eventually rented a home closer to their school and her father sold the house. For the record, too much worrying about nothing.

The OP stated he rented a house closer to their school which is not the ex-FIL's house.

 

[Silverplum]

Did you even bother to read through the thread?

It never does.

 

[ecmst12]

This thread was never about the children or custody. It was about the marital home (which wasn't even an asset since they didn't own it) and OP just posted an update 2 years later to let us know how it resolved. No further discussion is needed!

 

[AntonioD]

Support

The children are currently in OP's custody. It's in the best interest of the children that the ex make those child support payments.

After being dragged to court by her for custody, the Judge is agreeing the children are to stay with me. We are set to go to trial where I would ask for full legal and physical custody, and make my case for support, which although never ordered she hasn't paid for a couple of years. As well, I was asking for spousal support in arrears in the amount of 40k+ but not sure how to calculate that. I wasn't working when we married, nor when divorced and she was making 70-80k. Her wealthy father's attorney wants to settle out of court, but I never had one. What should I ask for? Should I even settle with her and her attorney alone?

 

[LdiJ]

After being dragged to court by her for custody, the Judge is agreeing the children are to stay with me. We are set to go to trial where I would ask for full legal and physical custody, and make my case for support, which although never ordered she hasn't paid for a couple of years. As well, I was asking for spousal support in arrears in the amount of 40k+ but not sure how to calculate that. I wasn't working when we married, nor when divorced and she was making 70-80k. Her wealthy father's attorney wants to settle out of court, but I never had one. What should I ask for? Should I even settle with her and her attorney alone?

If you never asked for interim support orders (temporary orders until the divorce was finalized) then you cannot ask for them retroactively now. You will also have a hard time asking for spousal support now if you have been supporting yourself for the last two years. Child support yes, assuming that you end up with custody for the long term, but spousal support, unlikely.

What kind of marital property exists?

 

[Ohiogal]

If you never asked for interim support orders (temporary orders until the divorce was finalized) then you cannot ask for them retroactively now. You will also have a hard time asking for spousal support now if you have been supporting yourself for the last two years. Child support yes, assuming that you end up with custody for the long term, but spousal support, unlikely.

What kind of marital property exists?

They are divorced. THAT IS FINAL. Was final last year per OP in this thread. No spousal support is going to be awarded. Child support is always able to be modified. But he won't get back support.

 

[LdiJ]

They are divorced. THAT IS FINAL. Was final last year per OP in this thread. No spousal support is going to be awarded. Child support is always able to be modified. But he won't get back support.

I missed that...then yeah, spousal support is out the window entirely. However, since his ex's attorney is pushing a settlement, then obviously something wasn't finalized yet...although it may just be the custody/child support issues.

 

[Bali Hai]

This thread was never about the children or custody. It was about the marital home (which wasn't even an asset since they didn't own it) and OP just posted an update 2 years later to let us know how it resolved. No further discussion is needed!

Looks like it's about it it now.

 

[AntonioD]

What to ask for?

They are divorced. THAT IS FINAL. Was final last year per OP in this thread. No spousal support is going to be awarded. Child support is always able to be modified. But he won't get back support.

Was going to ask for $20.00/week for each kid, that’s $160.00 /month plus she’s paying for insurance (with a 5k deductible I can’t afford). Was going to ask for primary physical custody with primary legal but should I ask for full? Her attorney’s going to ask me to sign an agreement and I don’t want to paint myself into a corner, and she’s set to inherit a lot of money so I don’t want to close out any future options. This is confusing at best.

 

[LdiJ]

Was going to ask for $20.00/week for each kid, that’s $160.00 /month plus she’s paying for insurance (with a 5k deductible I can’t afford). Was going to ask for primary physical custody with primary legal but should I ask for full? Her attorney’s going to ask me to sign an agreement and I don’t want to paint myself into a corner, and she’s set to inherit a lot of money so I don’t want to close out any future options. This is confusing at best.

An inheritance would not be income for child support purposes.

 

[RRevak]

An inheritance would not be income for child support purposes.

And if memory serves, if she inherits that money AFTER divorce proceedings are final then OP isn't entitled to that money any more than he's entitled to her fathers house unless she agrees to it.

 

[LdiJ]

And if memory serves, if she inherits that money AFTER divorce proceedings are final then OP isn't entitled to that money any more than he's entitled to her fathers house unless she agrees to it.

Absolutely! However, he wouldn't have been entitled to any of it even if she had received it before they divorced, unless she made the mistake of co-mingling it.