Is This Fair?

[jcao111]

Dear Mr. Attorney.

Found your website and this forum. Was told that the first question was free.

Marriage is 7 years
She quits her full time sales manager job 4 months ago after 9 months of work. She's a professional sales manager of Hotels and made an above average income for a house hold. I was like a single dad for 9 months.
We have a 5 year old together
I make twice her salary
Primary home was purchased 1 year ago. No equity if sold. Mortgage in my name.
Investment home was purchased 6 years ago. Way underwater. Going short sale. Mortgage in my name.

She Wants!!!

50/50 shared costody
$1400/month
Leave me the primary home.
Leave me underwater investment home
Don't touch my 401K
Bridge the gap, 1 month rent, deposit, last month rent
She keeps her card/deby and i keep mine
We split cash saving 50/50
She pays for any aftercare cost
We split 50/50 on all medical for child
We split 50/50 on extra activities for child
She must not be more than 10 miles from me
If I don't agree to $1400/mo, she will move to another city with child to find job.

Is this a good thing?

thx. j

[jcao111]

Based on financial and combined income of me and spouse, the basic child support is $1271/month. My portion is $827.03. Any help is much appreciated.

[Attorney Cheri Hobbs]

It seems like you both have a lot to contemplate here. Basically she is asking you to agree to child support (which is not tax deductable) to you for a higher amount than the guidelines. If you agree now for a higher child support figure it will be EXTREMELY difficult for you to modify child support in the future. If you come to an agreement that you will pay her temporary or durational alimony (which is a tax benefit to you and she will incur the tax) and then use the child support guidelines you may actually save money. Child Support can be modified throughout the child's life but again if you agree to a higher (in this case significantly higher) amount and lable it child support then you better be able to cover this cost throughout the child's life even if business is slow.

[jcao111]

Dear Cheri Hobbs,

Thank you for responding to my question. What is a typical outcome for alimony in this case? Duration and amount. Ballpark is OK as I know it is different for every judge even for the same exact case.

[Attorney Howard Iken]

We are more comfortable stating an amount during private, in-person consultations. Those are free.