dadofgreatkid
Member
What is the name of your state (only U.S. law)? NH
My ex-wife and I have week on, week off custody of our 8 year old son with no child support being paid to either party.
She filed for sole legal custody, primary physical custody, and child support in April of 2008. She has been told by her lawyer and the GAL that she has no cause to change our current agreement.
We have been attending co-parenting counseling for a few months. At yesterdays session I asked her why she was continuing this case in court when she knew that nothing would change from our current agreement. She blatantly said that she wanted to get as much child support as she could.
I asked her why she didn't work a full time job if she was having financial problems (she has worked part-time as a massage therapist for the past 3 years). She responded that she could make "WAY more money" than she does but that she doesn't want to work more because she likes staying home with her kids (she is remarried with another child). She went so far as to say that she could make "more money" than I do if she "wanted to". That to me, sounds exactly like an admission that she is intentionally underemployed.
My question is this: Will any of this help me in court? I know the GAL is going to speak with the therapist, but I don't think the GAL cares about the child support aspect of the case so I'm not sure it would help that part of the case.
Should I bother to spend the legal fees fighting the amount, or will a judge just see that her salary is so much lower than mine and order me to pay the full amount? I have no interest in spending even MORE money in legal fees to end up exactly where I would be now, so maybe I should just gave in like usual and gave her the money she wants?
My ex-wife and I have week on, week off custody of our 8 year old son with no child support being paid to either party.
She filed for sole legal custody, primary physical custody, and child support in April of 2008. She has been told by her lawyer and the GAL that she has no cause to change our current agreement.
We have been attending co-parenting counseling for a few months. At yesterdays session I asked her why she was continuing this case in court when she knew that nothing would change from our current agreement. She blatantly said that she wanted to get as much child support as she could.
I asked her why she didn't work a full time job if she was having financial problems (she has worked part-time as a massage therapist for the past 3 years). She responded that she could make "WAY more money" than she does but that she doesn't want to work more because she likes staying home with her kids (she is remarried with another child). She went so far as to say that she could make "more money" than I do if she "wanted to". That to me, sounds exactly like an admission that she is intentionally underemployed.
My question is this: Will any of this help me in court? I know the GAL is going to speak with the therapist, but I don't think the GAL cares about the child support aspect of the case so I'm not sure it would help that part of the case.
Should I bother to spend the legal fees fighting the amount, or will a judge just see that her salary is so much lower than mine and order me to pay the full amount? I have no interest in spending even MORE money in legal fees to end up exactly where I would be now, so maybe I should just gave in like usual and gave her the money she wants?