Our MSA is 60/40, with me having the 60 percent. My ex wants 50/50 but lives in a different city, has had on going problems with one of the children, but got a promotion and is in a lot of debt. He wants to pay less child support which is obvious to me, because in the past when given opportunities to spend more time with the kids, he refused. he has crazy and ever changing shifts at work which causes instability for the kids, esp my daughter with ADHD/mood disorder.
What are the things that are most important that the judge will listen to?? we have been divorced for almost three years.
No, that is not true. The parents/parties wishes is only one of the factors the court will use to determine placement. There are about 16 other factors the court looks at in deciding what is in the best interest of the child. It may be best to hire an attorney to help ensure your wishes are met, though nothing can ever be guaranteed.
The judge is required to consider a variety of factors and you list very important ones. All of those things are relevant and should be considered. I would strongly suggest you consult with an attorney to explore all of your options. We offer free initial consultations at our office. If you are interested, please call 414-258-1644 to schedule one. Attorney Rebecca Millenbach handles our post-judgment cases.
Judges can rule however they want, however, as mentioned by the previous attorneys, there are numerous factors they will take into consideration. In these types of cases, if both parties do not agree, you will have to do mediation and if that doesn't work a guardian ad litem (attorney who represents best interest of the kids) will be appointed, both being a cost to the parties.
Post judgment motions (motions after a divorce has been finalized) tend to be the messiest and most expensive battles. If his sole reason is to reduce child support, I can't imagine that changing a 60/40 placement to a 50/50 would even effect the amount of child support substantially. If he is intent on modifying it, he will see real quick the costs of litigation and may be dissuaded from bringing an action.
Our firm handles these cases. Call to discuss further.
DAVISON LAW OFFICES
Tel: (414) 272-1005
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