It is past the waiting period for my uncontested divorce case with agreement. What date do I put on the Judgement form (180/90)?: We forgot to file forms fl 141 and 144, and are filing now. We have a notarized written agreement. I am also completing the final judgement packet. However, there is a space for the "date" we will be divorced. What date should I enter? The date I file the forms? A date in the future?
David’s answer: Leave the space blank. The Court will usually put the necessary date in the space during processing.
How likely is it that I would get legal and physical custody of my son?: My son is 12 yrs. old. I have been fighting his mom for visitation since 2015. I recently received visitation at 60days/ year in 2018. I live in a different state from my son and his mom. What are my chances to get joint legal and physical custody of my son? No safety concerns other than my son's mom is having a hard time to co-parent.
David’s answer: It is difficult to predict what a Judge will do on the limited facts you provided. Based on the information, over time joint legal may be possible. However, joint physical custody is extremely unlikely since you live in another state and would put much of the burden on your son to travel.
If I marry my boyfriend, would my income be accessible for a child support case? Can I add him to my health insurance? : He has three children with his ex, they were never married but he does currently pay child support. I make significantly more than he does, would my income be included in child support calculations if we got married? Also if we got married, I would want to add him to my health insurance policy, would that affect anything?
David’s answer: Your income would indirectly affect the child support calculations but your income is not directly considered in the calculations. It would only be his income that is considered. However, the child support calculations would be affected by marriage since his tax filing status would change to married (either filing jointly or separately). In addition, your income although not directly calculated is considered since it may increase the tax bracket that his income may be taxed (assuming filing jointly). The health insurance may or may not affect the calculation depending on if he pays his own and/or the children's health insurance.