She is a "SWEETHEART" who's husband went "STEPIN' OUT" on her...HE'S NOT THAT GOOD LOOKIN'...and he HAS NO JOB because is is on SSI DISABILITY or something like that...because he broke his back or something like that in an accident...(he walks with a cane) 4 kids and a house... She has WORKED HER BUTT OFF FOR THE PAST 8+ YEARS...he has made $0.00 COULD HE REALLY GET THE 4 KIDS AND THE HOUSE??? SHE IS A MESS WORRYING ABOUT IT!!!
Some states are really strange. But most would give custody to the mother. I think especially since she has the income. But she needs to find a GOOD "D" lawyer now, to protect her rights. Sorry I don't know anything about Colorado law. I assume she's in CO?
I think she's stressing too much as well. BUT--since she has the money, she should be able to get a good attorney. Hopefully better than the one he will get. Does she have another relative who could watch the kids? That could be one problem--they might want to leave them where a parent can take care of them. Her counter should be that he's disabled, and while he can watch them during the day, full time would be too much for him to deal with. Worth a try, probably. And the fact that he's "stepping out" might help, although I hear some states don't care about that. I still think a good lawyer is the best defense (pun intended!)
I don't know if this will help much but have your friend check out both www.divorcenet.com and www.divorcesource.com for Colorado Divorce law. There's also a CS calculator on the divorcenet site. It's not true that he "earns" no money; he gets SSI, which should help balance the scales somewhat. All four children should be receiving a percentage of his benefits, which will definitely help on the CS end, assuming for whatever reason she isn't "awarded" at least 50/50 custody. (Have her check the CS calculators - there are two). What I mean to say is that he may be regarded as a "Stay at Home Dad" but he's a SAHD *with* an regular income. I do agree that your friend needs a "kick a$$" attorney but don't be surprised if her stbx petitions for attorney fees himself. My very best wishes to her and I do recommend that she review the information on the two sites. I also recommend that she file first, and for primary residential custody. She'll likely have to pay some alimony since her stbx will have more limited employment opportunities. Does CO have any Vocational Rehab. Resources, as in organizations that provide job retraining for the disabled? If he can walk with a cane chances are there's something he can do at least part time to increase his income (and lower any alimony obligation). This is possibly something she may want to discuss with her attorney. Do you know if he is receiving any company disability benefits? If he does that counts as income as well. Bottom line... if she feels their marriage is "irretrievably broken" she needs to petition for divorce and custody FIRST.
Bottom line... if she feels their marriage is "irretrievably broken" she needs to petition for divorce and custody FIRST. TOO LATE And she "HIT ME UP" for $7,000 THAT SOUNDS LIKE A TON OF MONEY SO SHE CAN HAVE HIM GET THE KIDS AND HOUSE AND SHE GETS THE "SHAFT"
Unfortunately he can have an attorney file a motion so she HAS to pay his attorney. Divorce is anything but fair. While I would seek the advice of a good attorney I would also negotiate directly with the spouse. Let the spouse know if we can come up with a reasonable settlement she will settle otherwise tell him she will fight to the death.
