I never said anything about cheating. DCUM assumed. |
Well either she’s lying about you cheating (which will presumably be discovered) or she’s not. Regardless, the judge correctly let her know she doesn’t have legal grounds for alimony, spousal support, lump sum payment, etc. You are taking no responsibility for your part in this and maybe the judge saw right though all of YOUR evidence, too. If you’re willing to be shady and confusing in how you tell your story here, who knows how it came off in court. |
What fault grounds is she filing on if not adultery and not cruelty? Do you have a felony? |
If OP neglected his daughter even once during his affair, STBXW had to pick up the slack. And I'm guessing she picked up A LOT of the slack, since people in affair's generally disregard their home life responsibilities. So if that was the "new norm" for their DD, that's what the judge is going to order. BTDT. |
are you exDH or exDW? |
The practical reason is because in VA, where OP is (PW County), adultery is a bar to spousal support. The other at fault grounds may reduce Ex's liability for spousal support to OP so it may make sense especially since spousal support is no longer going to be taxable income to the recipient per the new tax law after this year. |
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I doubt OP cheated. His ex didn't get vindictive right away, she got vindictive when she realized 1) how much money she could win by being vindictive, and 2) how much money she could lose by doing 50/50. In VA, OP would be getting at least a $2,000 check every month from his ex if they had a 50-50 physical custody situation.
PL hearings are short--one to two hours. Not much time to figure out anything at a PL hearing. Anyone can file at fault. You don't need any evidence to file if your lawyer is unethical. My ex counter-filed at fault after I filed no-fault. Ex dropped her at-fault filing on the courthouse steps when my lawyer showed up ready to fight it. OP: you and your lawyer screwed up. Never move out of the house without an agreement on custody and property that has been blessed by the lawyers. |
I thought it was pretty clear, but I am the exDW. DH had an affair, and I was essentially a single mom for 10 months. When we went to court, that was evident, despite his involvement with our daughters prior to the affair. Affairs screw up families, plain and simple. |
Normally working adults making $90k per year wouldn’t be entitled to spousal support (only child support) but I suppose anything is possible. OP seems to be implying his ex lied about the fault grounds but it’s hard to tell. |
In Virginia, the grounds for fault-based divorce are adultery, felony conviction resulting in a sentence of more than a year where the couple did not resume cohabiting after the sentence was issued, cruelty (abuse), or desertion of at least one year. You said earlier there was no abuse. You were still living in the house as of last May, so that would tend to rule out felony conviction and desertion. That leaves only adultery as the possible grounds for a fault-based divorce. |
I got alimony for half the length of my marriage in VA. I made $95,000 but XDH made over 4 times that. |
Yea, sorry OP - fess up or move along. If you cheated, it's ironic you call your wife a narcissist... |
NP here but why is it off the table that she might be lying about abuse? |
People have asked repeatedly what the grounds were for the fault-based divorce, and OP has been very coy in responses to it. If she's lying about the grounds for the divorce, OP can say that - "She's claiming abuse but I've never been abusive." But dancing around the issue like OP has suggests there's something to it that OP doesn't want to admit, which doesn't help his credibility. |
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OP - you may want to step back and figure out what truly is better for your daughter.
1. You are not being barred from spending time with her at all. You can't claim you are being driven out. Every other weekend is normal and you need to be prepared to spend your time with her when you have her. You also have visitation during the week just not an overnight. 2. You described yourself as a very involved father. This is nice but you never described yourself as a primary parent. Spending time and bonding with your child is very important but at least one souse and sometimes two takes on the role of caregiver-which means all the not so fun stuff like doctors appointments, school activities, sickness, clothing shopping, finds the summer camps, setting up play dates and activities, etc etc. Think about this one. 3. Too often judges see one parent fight for more time only to later start drawing back on the time they won because they aren't the primary parent. This usually happens with the dads and its very damaging for kids. The kids get dumped because Dad has a date or Dad's new girl friend wants to go out of town. When you don't act like a primary parent, it is easier to set the kids aside and reschedule them. If you are the primary parent, kids come first. Before you fight for more time, you better be sure that you will live up to that commitment. 4. Child support is about making sure the child's needs are met. You seem miffed that your wife makes 100K more than you, yet you have to pay some child support. You probably are realizing that you may not get any alimony. It sounds like you were banking on not paying anything toward your child and possibly getting alimony from your wife. Make sure that your desire for 50/50 isn't to get your wife to fund you. Judges also see this a lot where one spouse who has never been the primary parent is driven more to acquire more custody to get access to more money. |