What is the name of your state?What is the name of your state? Ohio
My uncle is a paralegal and offered to draw up dissolution papers for my STBX and myself. We have nothing in the form of assets together and have agreed on everything regarding our daughter, except for child support. I want to go by the court guidelines (formula for child support) and she does not. She has asked me to take sole custody of our daughter, as she works 2nd shift and is unable to spend time with her other than weekends. She has agreed to the standard E.O. weekend visitation. My daughter has lived with me for a year, and this is not different from our current arrangement.
When my uncle spoke with her to retrieve all of her information for the paperwork, she confirmed that she is in agreement with everything except child support. She does not want to go by the child support formula in our state, as she will end of having to pay around $800/month and she thinks she should only pay around $400. I know what she thinks doesn't make a difference, but now because of this issue not being agreed upon, I will have to file for divorce instead of a dissolution.
My question is, since she is the one that is not willing to go by state guidelines and is now costing me $ to pay for a (possible) lengthy and expensive attorney fees, can I request in the divorce that she foot the bill for my attorney fees? I would expect that a judge would be annoyed by someone who thought she should have an exception. Please note, she voluntarily took the second shift position (for a lot more money was her reasoning) and now she doesn't think that her child should benefit from her increase in pay. I will not "agree" to a set amount different/less than the calculation. Or is there a way to file for the dissolution and leave the cs amount up to the courts? (I thought (U)everything(/U) had to be agreed upon in order to file for a dissolution, even cs). Any input is much appreciated!
My uncle is a paralegal and offered to draw up dissolution papers for my STBX and myself. We have nothing in the form of assets together and have agreed on everything regarding our daughter, except for child support. I want to go by the court guidelines (formula for child support) and she does not. She has asked me to take sole custody of our daughter, as she works 2nd shift and is unable to spend time with her other than weekends. She has agreed to the standard E.O. weekend visitation. My daughter has lived with me for a year, and this is not different from our current arrangement.
When my uncle spoke with her to retrieve all of her information for the paperwork, she confirmed that she is in agreement with everything except child support. She does not want to go by the child support formula in our state, as she will end of having to pay around $800/month and she thinks she should only pay around $400. I know what she thinks doesn't make a difference, but now because of this issue not being agreed upon, I will have to file for divorce instead of a dissolution.
My question is, since she is the one that is not willing to go by state guidelines and is now costing me $ to pay for a (possible) lengthy and expensive attorney fees, can I request in the divorce that she foot the bill for my attorney fees? I would expect that a judge would be annoyed by someone who thought she should have an exception. Please note, she voluntarily took the second shift position (for a lot more money was her reasoning) and now she doesn't think that her child should benefit from her increase in pay. I will not "agree" to a set amount different/less than the calculation. Or is there a way to file for the dissolution and leave the cs amount up to the courts? (I thought (U)everything(/U) had to be agreed upon in order to file for a dissolution, even cs). Any input is much appreciated!