Anonymous
Post 05/29/2015 22:24     Subject: About to split from child's father - Formal custody & support agreement or reach our own?

Anonymous wrote:
Anonymous wrote:
Anonymous wrote:
Anonymous wrote:I agree to get it in writing and have it approved by a court. I'm not sure how that works when there is no divorce but a family lawyer can tell you.

While it's great to have it in writing and court- approved, bear in mind that custody orders are always modifiable, upon a showing of changed circumstances, if the court finds it is in the best interests of the child. So the PP who spent $80K - I'm not sure if this makes you feel better or not, but your ex could have sought a change in custody even if you had a formal, written agreement. It might have been more difficult, but he may have done it anyway, and if he pushed it far enough that you spent $80K he probably would have sought the modification anyway.

OP, I recommend taking care of this promptly. If you are amicable, this is the time when you are both most likely to reach agreement easily. The more time that goes by after the separation, the further you move apart in terms of living your lives and in my experience the harder it becomes to agree on things.


PP here.
That was the problem. We had a verbal, amicable arrangement for both of our children. We didn't have a child support/custody order filed with the courts. So you can imagine what happened when I sent DC1 and DC2 for their usual summer visit and he and his new SO decided not to send them back to me. "Modifying" our agreement didn't cost him a dime. I can assure you if he would have had to pay up front for an interstate battle, that never would have happened. Part of that figure was his non payment of our verbal child support too.

If you would have told me at the time we made this agreement that he'd ever be capable of such malice I would have never believed you. People change.


Wow, PP, so sorry you had to go thru this. If you don't mind my asking, did you get them back? How long did they stay in his custody before the courts resolved the situation? Were you able to file for some kind of temporary return to your custody before the whole thing was finally ordered? What was the effect on your kids -- did they start school in the new location? How did they feel about the whole situation?

Hope things are better now.


I did get them back but it took a bit over 4 months to get a temporary custody order while we battled everything out in court. EXDH and his SO put them in public school in the new location but neither child was doing well, no doubt due to the emotional trauma. The legal battle went on for nearly 2 years and the children unavoidably got caught in the middle. They were 8 and 14 at the time - so very well aware of the situation. The 3 of us spent a few years with a therapist working through some of this. Lots came out in counseling, that eventually came out in court, about what was happening but the basics were they were being mistreated emotionally and eventually physically while with Dad. They weren't allowed to leave the house (they nailed the windows shut and put locks on the doors), couldn't call me, talk to me or even talk about me. They had to stay in the same room with Dad's SO and were constantly being told how horrible I was and that they just didn't see it. Eventually the SO started slapping the oldest for trying to stand up for herself and at one point held the child to the floor and sat on her chest. So much went on. I just cried. It was the most helpless feeling I'd ever known.

By the time the oldest turned 16, they'd both made it clear to their Dad and his SO that they weren't coming back. Oldest had had enough and the youngest made it clear that constantly being put in the middle of things made her unhappy. (I'd never once spoken ill of her father in front of her). At that point he stopped sending for them and they stopped visiting. Though it might have been the fact that I kept child protective services on his heels that made him back off.

The youngest turns 18 in a few months and will graduate from high school next year. She's consistently maintained a 3.8 or higher GPA, wants to go to medical school and rarely speaks to her father. She is and I suspect always will be socially withdrawn. She still sees a counselor. The oldest became a social worker working with troubled teens. Their mother is honored to have 2 of the most amazing kids in the world.


That sounds like an absolute nightmare. I am so sorry your girls had to go through that, and you had to witness it. But you did great fighting for them and getting them back.
Anonymous
Post 05/29/2015 13:55     Subject: About to split from child's father - Formal custody & support agreement or reach our own?

This is the OP. Sorry to hear what some of you have gone through and you have definitely convinced me to make it official. Thanks, all.
Anonymous
Post 05/29/2015 13:00     Subject: About to split from child's father - Formal custody & support agreement or reach our own?

See an attorney and get it in writing. Also, I can absolutely guarantee no other woman is going to agree to spending holidays with you, so you need something in writing about holidays, summer vacations, birthdays.
Anonymous
Post 05/29/2015 11:23     Subject: About to split from child's father - Formal custody & support agreement or reach our own?

Anonymous wrote:
Anonymous wrote:
Anonymous wrote:I agree to get it in writing and have it approved by a court. I'm not sure how that works when there is no divorce but a family lawyer can tell you.

While it's great to have it in writing and court- approved, bear in mind that custody orders are always modifiable, upon a showing of changed circumstances, if the court finds it is in the best interests of the child. So the PP who spent $80K - I'm not sure if this makes you feel better or not, but your ex could have sought a change in custody even if you had a formal, written agreement. It might have been more difficult, but he may have done it anyway, and if he pushed it far enough that you spent $80K he probably would have sought the modification anyway.

OP, I recommend taking care of this promptly. If you are amicable, this is the time when you are both most likely to reach agreement easily. The more time that goes by after the separation, the further you move apart in terms of living your lives and in my experience the harder it becomes to agree on things.


PP here.
That was the problem. We had a verbal, amicable arrangement for both of our children. We didn't have a child support/custody order filed with the courts. So you can imagine what happened when I sent DC1 and DC2 for their usual summer visit and he and his new SO decided not to send them back to me. "Modifying" our agreement didn't cost him a dime. I can assure you if he would have had to pay up front for an interstate battle, that never would have happened. Part of that figure was his non payment of our verbal child support too.

If you would have told me at the time we made this agreement that he'd ever be capable of such malice I would have never believed you. People change.


Wow, PP, so sorry you had to go thru this. If you don't mind my asking, did you get them back? How long did they stay in his custody before the courts resolved the situation? Were you able to file for some kind of temporary return to your custody before the whole thing was finally ordered? What was the effect on your kids -- did they start school in the new location? How did they feel about the whole situation?

Hope things are better now.


I did get them back but it took a bit over 4 months to get a temporary custody order while we battled everything out in court. EXDH and his SO put them in public school in the new location but neither child was doing well, no doubt due to the emotional trauma. The legal battle went on for nearly 2 years and the children unavoidably got caught in the middle. They were 8 and 14 at the time - so very well aware of the situation. The 3 of us spent a few years with a therapist working through some of this. Lots came out in counseling, that eventually came out in court, about what was happening but the basics were they were being mistreated emotionally and eventually physically while with Dad. They weren't allowed to leave the house (they nailed the windows shut and put locks on the doors), couldn't call me, talk to me or even talk about me. They had to stay in the same room with Dad's SO and were constantly being told how horrible I was and that they just didn't see it. Eventually the SO started slapping the oldest for trying to stand up for herself and at one point held the child to the floor and sat on her chest. So much went on. I just cried. It was the most helpless feeling I'd ever known.

By the time the oldest turned 16, they'd both made it clear to their Dad and his SO that they weren't coming back. Oldest had had enough and the youngest made it clear that constantly being put in the middle of things made her unhappy. (I'd never once spoken ill of her father in front of her). At that point he stopped sending for them and they stopped visiting. Though it might have been the fact that I kept child protective services on his heels that made him back off.

The youngest turns 18 in a few months and will graduate from high school next year. She's consistently maintained a 3.8 or higher GPA, wants to go to medical school and rarely speaks to her father. She is and I suspect always will be socially withdrawn. She still sees a counselor. The oldest became a social worker working with troubled teens. Their mother is honored to have 2 of the most amazing kids in the world.
Anonymous
Post 05/29/2015 10:03     Subject: About to split from child's father - Formal custody & support agreement or reach our own?

Anonymous wrote:
Anonymous wrote:I agree to get it in writing and have it approved by a court. I'm not sure how that works when there is no divorce but a family lawyer can tell you.

While it's great to have it in writing and court- approved, bear in mind that custody orders are always modifiable, upon a showing of changed circumstances, if the court finds it is in the best interests of the child. So the PP who spent $80K - I'm not sure if this makes you feel better or not, but your ex could have sought a change in custody even if you had a formal, written agreement. It might have been more difficult, but he may have done it anyway, and if he pushed it far enough that you spent $80K he probably would have sought the modification anyway.

OP, I recommend taking care of this promptly. If you are amicable, this is the time when you are both most likely to reach agreement easily. The more time that goes by after the separation, the further you move apart in terms of living your lives and in my experience the harder it becomes to agree on things.


PP here.
That was the problem. We had a verbal, amicable arrangement for both of our children. We didn't have a child support/custody order filed with the courts. So you can imagine what happened when I sent DC1 and DC2 for their usual summer visit and he and his new SO decided not to send them back to me. "Modifying" our agreement didn't cost him a dime. I can assure you if he would have had to pay up front for an interstate battle, that never would have happened. Part of that figure was his non payment of our verbal child support too.

If you would have told me at the time we made this agreement that he'd ever be capable of such malice I would have never believed you. People change.


Wow, PP, so sorry you had to go thru this. If you don't mind my asking, did you get them back? How long did they stay in his custody before the courts resolved the situation? Were you able to file for some kind of temporary return to your custody before the whole thing was finally ordered? What was the effect on your kids -- did they start school in the new location? How did they feel about the whole situation?

Hope things are better now.
Anonymous
Post 05/28/2015 22:11     Subject: About to split from child's father - Formal custody & support agreement or reach our own?

Anonymous wrote:I agree to get it in writing and have it approved by a court. I'm not sure how that works when there is no divorce but a family lawyer can tell you.

While it's great to have it in writing and court- approved, bear in mind that custody orders are always modifiable, upon a showing of changed circumstances, if the court finds it is in the best interests of the child. So the PP who spent $80K - I'm not sure if this makes you feel better or not, but your ex could have sought a change in custody even if you had a formal, written agreement. It might have been more difficult, but he may have done it anyway, and if he pushed it far enough that you spent $80K he probably would have sought the modification anyway.

OP, I recommend taking care of this promptly. If you are amicable, this is the time when you are both most likely to reach agreement easily. The more time that goes by after the separation, the further you move apart in terms of living your lives and in my experience the harder it becomes to agree on things.


PP here.
That was the problem. We had a verbal, amicable arrangement for both of our children. We didn't have a child support/custody order filed with the courts. So you can imagine what happened when I sent DC1 and DC2 for their usual summer visit and he and his new SO decided not to send them back to me. "Modifying" our agreement didn't cost him a dime. I can assure you if he would have had to pay up front for an interstate battle, that never would have happened. Part of that figure was his non payment of our verbal child support too.

If you would have told me at the time we made this agreement that he'd ever be capable of such malice I would have never believed you. People change.
Anonymous
Post 05/28/2015 19:26     Subject: About to split from child's father - Formal custody & support agreement or reach our own?

I don't think that there are any pitfalls if you can reach an amicable agreement. Splitting property and determining alimony tend to be the huge trouble areas (and custody). If you are not getting or asking for alimony, the child support can be determined pretty easily with the calculator.

I would suggest running any agreements by an attorney just to make sure that they are logical and thorough. Mind you, an attorney will likely try to sell you their services.

I would also offer to let your ex have custody a little more often than you have agreed on. Obviously, it is all up to the two of you -- if you both agree to the agreement, no court will force anything else on you. But, you may find that you enjoy your free time a little more than expected. Perhaps your ex could do Thursdays to Monday morning drop off at school or something. Anyway -- that can all be adapted as you move forward. I agree with PP that it is more important than you think to have something in writing.

Anonymous
Post 05/28/2015 15:23     Subject: Re:About to split from child's father - Formal custody & support agreement or reach our own?

dancingsunflowers06 wrote:Hi there, I'm not sure what the legal implications are in your situation, wish I could help. Is there any chance you guys would get back together or is this already decided to split? Just wondering because I would recommend couples counseling if there is a chance to stay together. Blessings,

mommato2lilmonkeys


Da fuq?
Anonymous
Post 05/28/2015 15:18     Subject: About to split from child's father - Formal custody & support agreement or reach our own?

I agree to get it in writing and have it approved by a court. I'm not sure how that works when there is no divorce but a family lawyer can tell you.

While it's great to have it in writing and court- approved, bear in mind that custody orders are always modifiable, upon a showing of changed circumstances, if the court finds it is in the best interests of the child. So the PP who spent $80K - I'm not sure if this makes you feel better or not, but your ex could have sought a change in custody even if you had a formal, written agreement. It might have been more difficult, but he may have done it anyway, and if he pushed it far enough that you spent $80K he probably would have sought the modification anyway.

OP, I recommend taking care of this promptly. If you are amicable, this is the time when you are both most likely to reach agreement easily. The more time that goes by after the separation, the further you move apart in terms of living your lives and in my experience the harder it becomes to agree on things.
dancingsunflowers06
Post 05/28/2015 15:10     Subject: Re:About to split from child's father - Formal custody & support agreement or reach our own?

Hi there, I'm not sure what the legal implications are in your situation, wish I could help. Is there any chance you guys would get back together or is this already decided to split? Just wondering because I would recommend couples counseling if there is a chance to stay together. Blessings,

mommato2lilmonkeys
Anonymous
Post 05/28/2015 14:25     Subject: About to split from child's father - Formal custody & support agreement or reach our own?

Anonymous wrote:OP, I say this as someone with a REALLY amicable relationship with her ex. Get it in ink. It's entirely possible that everything will go as swimmingly as it can. But if it doesn't, it's nice to have it on paper.

I'm not sure how it works if you are unmarried in DC, but with our mostly DIY divorce in Maryland, we were able to basically hammer out an agreement and submit it to the judge and have it entered into our filing.

A good friend of mine who had no formal arrangement with her ex suddenly found herself at the receiving end of a custody suit when her child was TWELVE. Her heretofore relatively uninvolved ex got himself a new fiance with a child that he wanted to impress with his superdad powers. It doesn't hold any water, but it's an expensive PITA she has to deal with.


+1. I am in exactly the same position. Negotiating amicably is fine, but make sure you are consulting a lawyer behind the scenes so that your kids are getting appropriate support, so that it is written up as a legally binding document, and entered, if necessary, into court records.
Anonymous
Post 05/28/2015 14:22     Subject: Re:About to split from child's father - Formal custody & support agreement or reach our own?

Do you want to know how much not having a formal agreement cost me? 80K. That's right. Between the partial child support payments and the attorney when he decided to fight because his new SO wanted a little girl and only ever had boys. 80K what I lost from not having something the courts could enforce. You can't enforce a verbal agreement. Even if precedence has been set and he'd been paying, you'd be sending the child, etc. If one of you stops honoring your agreement you're SOL.

Save yourself the hassle, headache and legal expenses down the road and get a formal agreement signed by a judge and filed with the courts. It protects BOTH of you as well as the child.
Anonymous
Post 05/28/2015 12:57     Subject: About to split from child's father - Formal custody & support agreement or reach our own?

Also, when our incomes reached the maximum threshold of the MD calculator, we just applied the same mathmatical formula and went from there. It's now much less formal (our kid is a teen), but more or less works out fine.
Anonymous
Post 05/28/2015 12:54     Subject: About to split from child's father - Formal custody & support agreement or reach our own?

OP, I say this as someone with a REALLY amicable relationship with her ex. Get it in ink. It's entirely possible that everything will go as swimmingly as it can. But if it doesn't, it's nice to have it on paper.

I'm not sure how it works if you are unmarried in DC, but with our mostly DIY divorce in Maryland, we were able to basically hammer out an agreement and submit it to the judge and have it entered into our filing.

A good friend of mine who had no formal arrangement with her ex suddenly found herself at the receiving end of a custody suit when her child was TWELVE. Her heretofore relatively uninvolved ex got himself a new fiance with a child that he wanted to impress with his superdad powers. It doesn't hold any water, but it's an expensive PITA she has to deal with.
Anonymous
Post 05/28/2015 11:45     Subject: About to split from child's father - Formal custody & support agreement or reach our own?

I have a 4yo child with a man I never married. We've lived together for nine years and own everything together. We are splitting amicably and agree on how to divide all our assets. We also agree that he will get the child every other weekend and alternating holidays - we actually both think that we would spend holidays all together, at least for now, because we all get along well even if we no longer want to be together romantically. I haven't broached the idea of child support yet, but have run the numbers through the DC calculator and was going to propose that he pay the result. If he agrees to that, do we need to get any sort of third party involved or any formal child support order? Or can we just keep this civil between the two of us? I'd like to do the latter (and only bring in third parties if a problem arises down the road) but need to know if there are pitfalls I'm not thinking through.

Also, does anyone have any experience with calculating child support when joint income is above $240,000? That's as high as the DC calculator goes, and I'm not sure if that's the max support I would get or if I should be entitled to more. (I'm actually happy with the result of the calculator but don't want to short-change my child.)