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Mediation Vs. Family Court ???

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papaof2

Junior Member
What is the name of your state? California

I’ve posted before on this site and the information I’ve received has been invaluable! Especially since $$ is an issue. Thank you all.

I do have questions concerning my case about the pros and cons of mediation vs. family court. 2 years ago I went through my $250/hr mediator to negotiate 50/50 custody with my ex. The document says I have 100% custody of my son, 8, while she has 100% of my daughter, 7, and we split legal. I pay $238/month because of income differences for CS, medical and life Ins. Alimony is currently over. We live close by and visitation has not been a problem. I was satisfied with that arrangement and it saved me $$ and pain for all involved by staying out of courts. I did have to fight for this- I had majority custody in real life and was by far the primary care giver- but at least it finally worked.

She announced to me she was getting married on Nov 25th and married Dec 31st to a military member and wants to move the kids to NC in a month. I am for WHATEVER is better for the kids. I spend a lot of time with them and love them very much. I want to raise my kids… and I’m not done doing that. They also have family and friends here. I realize since I will be working and she will be a stay-at-home mom it would be easier for her to have them. Again, I want what is BEST for them. However, here are some numbers that my now $425/hr mediator gave me today assuming they move. I make 48k/yr. She doesn’t work but the mediator allotted 24k/yr for her income. New hubby makes 56k/yr. My 50/50 has now turned into 16% custody on my end since I will only see them on vacations and holidays. The newest Dissomaster showed my payments as $940/month. IMO- a lot MORE to pay for a wrecked heart. After taxes I make about $2800/month- minus $940.. well, you get the picture. I have rent, truck payment, phone bill.. no CC’s. (the bankruptcy from my divorce did that) I won’t be able to survive on this. To top it off I will be paying for travel until my rearrage is paid. The travel will be about $3200/yr. This makes it totally impossible to see my kids. Question is- I don’t have money, but should I take this to court? Will they think this is Fair?? I hate for this to sound like it isn’t about the kids.. but I need to save/have Money too!

My bad= I owe about about $3200 in rearrage because of no job. Currently paying.
The kids have been late to school several times.
Her bad= she has denied custody in the past for 2 months!
I honestly fear her attitude of our kids not being a part of my life is apparent. The denial of visitation and many other comments I get. Which I ignore.

I will get our new contract in the mail soon. Would it behoove me to fight in courts? Should I just ask for a little more room, or perhaps even the kids? By FAR, in my experience, the system is biased to the female. As I left, the mediator says “pay CS, out of all your bills it’s the only one that will make you go to jail” I said, “My bills are intertwined.. no truck, no job to pay CS… no home, no visitation.. etc.” And me being in jail will really help out the kids. I guess, I would like some realistic advise please… what is my best bet?thanks….
 


casa

Senior Member
papaof2 said:
What is the name of your state? California

I’ve posted before on this site and the information I’ve received has been invaluable! Especially since $$ is an issue. Thank you all.

I do have questions concerning my case about the pros and cons of mediation vs. family court. 2 years ago I went through my $250/hr mediator to negotiate 50/50 custody with my ex. The document says I have 100% custody of my son, 8, while she has 100% of my daughter, 7, and we split legal. I pay $238/month because of income differences for CS, medical and life Ins. Alimony is currently over. We live close by and visitation has not been a problem. I was satisfied with that arrangement and it saved me $$ and pain for all involved by staying out of courts. I did have to fight for this- I had majority custody in real life and was by far the primary care giver- but at least it finally worked.

She announced to me she was getting married on Nov 25th and married Dec 31st to a military member and wants to move the kids to NC in a month. I am for WHATEVER is better for the kids. I spend a lot of time with them and love them very much. I want to raise my kids… and I’m not done doing that. They also have family and friends here. I realize since I will be working and she will be a stay-at-home mom it would be easier for her to have them. Again, I want what is BEST for them. However, here are some numbers that my now $425/hr mediator gave me today assuming they move. I make 48k/yr. She doesn’t work but the mediator allotted 24k/yr for her income. New hubby makes 56k/yr. My 50/50 has now turned into 16% custody on my end since I will only see them on vacations and holidays. The newest Dissomaster showed my payments as $940/month. IMO- a lot MORE to pay for a wrecked heart. After taxes I make about $2800/month- minus $940.. well, you get the picture. I have rent, truck payment, phone bill.. no CC’s. (the bankruptcy from my divorce did that) I won’t be able to survive on this. To top it off I will be paying for travel until my rearrage is paid. The travel will be about $3200/yr. This makes it totally impossible to see my kids. Question is- I don’t have money, but should I take this to court? Will they think this is Fair?? I hate for this to sound like it isn’t about the kids.. but I need to save/have Money too!

My bad= I owe about about $3200 in rearrage because of no job. Currently paying.
The kids have been late to school several times.
Her bad= she has denied custody in the past for 2 months!
I honestly fear her attitude of our kids not being a part of my life is apparent. The denial of visitation and many other comments I get. Which I ignore.

I will get our new contract in the mail soon. Would it behoove me to fight in courts? Should I just ask for a little more room, or perhaps even the kids? By FAR, in my experience, the system is biased to the female. As I left, the mediator says “pay CS, out of all your bills it’s the only one that will make you go to jail” I said, “My bills are intertwined.. no truck, no job to pay CS… no home, no visitation.. etc.” And me being in jail will really help out the kids. I guess, I would like some realistic advise please… what is my best bet?thanks….

If Mom is moving across country- It's ridiculous for you to be responsible for travel expenses (Or is this only until any arrearages is paid off? And if so, then what- does it change to her bearing the costs of transportation?) :cool: You could ask the court mediator to deduct costs of transportation from CS amount.

I think a court mediator would be more impartial. I don't think this particular private attorney mediator was nuetral the first go-round OR this one...although I think the custody assignment was unique & effective.

The attorney mediator didn't address that you have custody of your son already? So, if it went to court- either she fights for custody of son or you fight for custody of daughter. Mom has advantage because it's a military move...but that only legally covers daughter. She does not have custody of son. But if you sign the agreement...then that will be submitted to the court and become part of the court order.
 

LdiJ

Senior Member
casa said:
If Mom is moving across country- It's ridiculous for you to be responsible for travel expenses (Or is this only until any arrearages is paid off? And if so, then what- does it change to her bearing the costs of transportation?) :cool: You could ask the court mediator to deduct costs of transportation from CS amount.

I think a court mediator would be more impartial. I don't think this particular private attorney mediator was nuetral the first go-round OR this one...although I think the custody assignment was unique & effective.

The attorney mediator didn't address that you have custody of your son already? So, if it went to court- either she fights for custody of son or you fight for custody of daughter. Mom has advantage because it's a military move...but that only legally covers daughter. She does not have custody of son. But if you sign the agreement...then that will be submitted to the court and become part of the court order.

I suspect that its a bit more complicated than he is letting on.
 

Ohiogal

Queen Bee
The new hubby's income doesn't matter. You need to leave that out of the equation. New hubby does not have a legal responsibility to support your kids. Sounds harsh but it is the way the law works so you have to leave that out of the equation.
 

papaof2

Junior Member
I understand the new spouses income doesn't matter. My basic thought here was - mediation or courts? However, I'm sure it could go both ways. I'm a terrible negotiator. I think I will get a more 'fair' sentence in the courts then trying to wheel and deal with a mediator. The situation is simple.
I feel that I may be more successful portraying my case in court by following laws and statutes. I dunno.. that's the the deal I guess.

I realize I was venting also. Is there a venting forum on this site?? Thanks all for help.
 

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