My wife and I have been seperated from eachother for almost 2 years now (since april of 2010). During thwe last few years of our marriage my income got lower and lower due to the econmy. We both at the time of seperation moved into small 2 bedroom apartments. She for the entirty of 2011 worked part time for her boyfriend (she had several affiars hence the seperation) although I am sure she was getting paid under the table. SHe told me she was getting paid $250 a week (she also gets 1500 a month in CS from a marriage previous to ours, I'm her 3rd) In the summer of 2011 she moved into her mothers house. A large home with bedrooms for each child etc... (we have one child together but there were 2 other children from her previous marriage). I ahave been iunremitantly employedand am now on unemployment and have been for almost a while now.\
We had not been in any rush in the past to get the official divorce done since niether one of us really had any reason to do so like getting remarried or haveing any assets to divide etc... our home was forclosed on in 2009 and we rented after that. When we moed out we went through everything and she took what she want etc...
Flas forward to now and she has decided she wants to get the divorced finalized (which is fine) However, she has hired an attourney to represent her. so that a bit of background (theres mnore but i wanted to keep it brief) one more thing i should mention is that upon meeting with her attourny he requested i fill out the financial for which I did as well as providing the request w2's and 1099's from the previous year. I requested that she do the same. However when we met she had only estimated her last years incom (whiuch was grossly under estimated based on what she had disclosed to me verbally) she did not provied any w2's or 1099's from previous year and did not sign the paperwork.
So now she is asking for support and a division of marital assets (of which thereis none lol) so my question is the following:
1. I am currently unemployed and dont even earn enough to cover my expeneses. i have only gotten by with help from family and a small amount of contract work. Seeing as how the court is looking after "the best intrest of the child" and since we split custody 50/50 (5 days on 5 days off) add to the facts thst she now claims she makes $100 a week less that she has always told me (with no supporting docs) and she lives in her mothers home rent free. i live in a pretty crappy 2 br apt. in a much less affluent area. However if you were to apply the MA calculations to our situation (in shared custody the guidlines are applied to both parents and whoever earns more pays the difference in support) if that were to be applied to me it would put me in a position where if i were to pay the support i would be even further limited in my ability to provide adiquete enviroment for my child. She has just as much ability to earn a paycheck as I do. I am worried that the court will just try to rush this whole thing through and apply the calculations without considerations. I am wondering if any one out there has had a simaler experience.
I could go into much greater detials about the inproprieties that when on in our marriage on her behlaf but honestly its enough that i had to go through it once. I really DONT want to go through a messy fight in court. Let me make it clear, that i am NOT saying there is no circumstance under whice my X should recieve support for our daughter. Merely that our current situation does not merit it. I would suggest that we just get the divorce done and perhaps revisit the support issue in an agreed amount of time ie... 90 days or 6 montch or whatever. then fact of the matter is she has nearly the same earning potetial as I do, she abandoned our marriage, and now lives rent free while I struggle tp find work and earn a living all while we share custody 50/50
any feed back is greatly appreciated.
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