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Parenting -- Special Concerns
Reply to "We are not married with 2 kids. What are my rights if we separate? "
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[quote=Anonymous][quote=Anonymous][quote=Anonymous]If she stopped working to raise THEIR kids while he continued working with no impact on his job at all, the judge most certainly can and typically does take that into account when awarding child support and determining the timeframe she will have to find a job, home she can afford, etc. Everyone is acting as though this is all on the woman to figure it out. No. The father was able to maintain his job with no childcare expenses whatsoever because she stayed home to care for their kids. The judge considers all this, marriage or no marriage. [/quote] No one knows why she stopped working. For all you know, it was her idea. Without a written agreement, her chances to get anything are slim. Also, the man can ask for custody and get it. [/quote] Lawyer here and I agree with this. What you are talking about is what alimony is designed to ameliorate but here the parties are not married. Even if the man does not want custody at all and you look at the guidelines awards for the various income levels he would need to be making an exceptional amount of money for her not to experience a substantial decline in her standard of living. To the extent he requests custody this amount of course will decrease. The only silver lining here for OP is that he will most likely be responsible for a substantial portion of the daycare costs since those are distributed pro rata by income and her income will presumably be significantly less than his.[/quote]
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