My fiance was divorced last year and has custody of both her children, a son 12 and a daughter 14. The daughter has been expressing that she wants to live with her father but if that happens her mother will lose child support and feels that is the only reason her ex wants to have custody. In their divorce, they agreed to a specific arbitrator and he continues to contact her through his lawyer. His latest contact is to go through arbitration to get custody of his daughter through the arbitrator but her mother wants to use someone else. My question has several areas I need answers to:
1. Can she demand a different arbitrator? She felt this particular one was leaning more towards her ex and thinks he is a good friend of her ex's lawyer and the last time they went to arbitration, not only did he try to influence her to agree with her ex's fiance, he also dragged out negotiations to 9 hours or so.
2. Can she get a lawyer to represent her and demand her ex pay lawyer fees? This is an issue they had already agreed to about custody and there are no legal grounds showing she is an inadequate mother. She cannot continue to afford a lawyer and finds herself fighting against an issue they had already agreed to.
3. She is willing to let her daughter live with her ex although he has never expressed a desire to have her there except to get out of paying child support. Her daughter wishes to live with him because he leaves her alone (meaning he both leaves her there alone with another adult who does not supervise her as well as meaning he lets her do what she wants without questioning her). Is there a way to negotiate a change of household without releasing the child support her mother needs to keep her household expenses paid for her remaining child?
4. We are getting married 8/16/08 and her ex believes he can get a lower child support because of our combined income. At the same time, he has just gotten an accountant job that will give him a much higher income. It's beside the point right now that he is also getting married soon because together their income will much higher than ours, but I think worth mentioning. My question is will he be able to get a lower child support because of our joint income? Are there any exceptions if this is true?
5. I believe it worth mentioning that her daughter said her ex gave her paperwork for a guardian ad litum (sp?). What would that entail and how much support will it give him in his petition for custody?
Thank you for your consideration of these questions and I look forward to your legal expertise.