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Would a Guardien At Litem be helpful or hurtful?

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  • Would a Guardien At Litem be helpful or hurtful?

    I am currently going through a divorce with my husband of 4 years. After 3 or 4 pretrials we finally have a trial date set at the end of March 2007.The main issues that we cannot agree to are the parenting time with our 3 1/2 year old son and equity in my home. I filed for divorce June 12, 2006 after several attempts to make this a dissolusion dissolved. My husband is a very smooth talker, a believable liar and very irresponsible. He has been through 6 jobs since we've been married, and given the option to either resign or be fired from 2 law enforcement positions (reasons unknow to me still). My husband didn't have much of a relationship with our son, until it was ordered through a temporary child support order and visitation that he see his son. My husband would always have other things to do, either work or play. Now, since we're at the point of no return with a trial set he wants our son 50% of the time. It is my gut feeling that he's only doing it because he doesn't want to pay child support (which he's said before to me). I am in no way trying to keep my son from knowing his father, but to have a 3 1/2 year old pulled from any constant that he's really ever know is going to be very harmful to him. My current attorney seems to turn the other cheek to this issue and I feel that he's telling me the only thing to do is agree to my husband's parenting time share agreement. What can I do to make sure I'm doing what's best for our son at this point in our divorce, with a trial date set 5 weeks away?

    Also, is child support in Ohio to be calculated on a current salary, or do they calculate it to what was reported in 2006? I do know that he has a new job (again) and is making more money. His attorney is calculating off of W-2's from year ending 2006 for current child support which would make me pay him because he's covering our son on his insurance too. Also, do I get a credit for paying insurance for myself since his insurance credit includes coverage for himself and our son?

    Finally, in this case, would a Guardien At Litem be helpful or hurtful? I'm sick about the whole thing because I know in my heart I'm trying to do what's best for our son and my husband is doing what he can to hurt me, but nobody sees it besides me and my parents.

  • #2
    re: Would a Guardien At Litem be helpful or hurtful?

    A child that young is often unable to split 50/50. In my case which was just like yours, the judge gave dad every other weekend. you may get the same if you show that it will be hard for young child to be yanked around like that.

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    • #3
      re: Would a Guardien At Litem be helpful or hurtful?

      your soon to be ex sounds similar to the "ex" I had concerning lack of work ethic & responsibility.

      I would remind the lawyer that he is getting paid to represent you and in court - unless you are shown beyond a shadow of a doubt to be unworthy as the custodial parent - a young child is usually not shared 50/50 unless the parents are working towards a reasonable "after divorce life" for the child and it is agreed upon by both parties.

      Also, although states may differ somewhat, my attorney had asked for recent paystubs and I would press the attorney for a legal reason for doing what you say he is going by.

      good luck

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