LoveChild
Platinum
Reged: 05/19/07
Posts: 269
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Ok, so will you respond to the posts after yours Momma, or can you not think of an answer.
And what about the less than ideal wife, who contributes nothing, no laundry, no financial planning help, no household cleaning, demanding to be taken out for meals, demanding maids, gardeners, new cars, vacations, then has an affair herself.
Are you suggesting she deserves something?
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MommaMia
Platinum
Reged: 02/17/07
Posts: 376
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I guess we have to agree to disagree.
My example was a hypothetical, that situation is NOT mine, just to clarify.
There are always some bad apples, but if you think the courts are bogged down now, could you imagine if every marriage had to be put under a microscope every divorce to see who gets what?
In regard to property division, I believe the courts have it right. And you can't tell me that everyone going into marriage today KNOWS that their spouse will get half should they divorce. They do know that.
Now alimony, child support and custody I believe are sometimes unfair and biased. We can agree on that.
The moral of the story?
DON'T GET MARRIED!
;)
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jbar
Platinum
Reged: 12/16/06
Posts: 987
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===========================================================
There are always some bad apples, but if you think the courts are bogged down now, could you imagine if every marriage had to be put under a microscope every divorce to see who gets what?
===========================================================
This is why attempting to weigh all factors in a marriage, to detemine "who gets what" can never work, in spite of case law allowing it. The complexity of such an undertaking means that all this really does is throw law away and replace it with the subjective REACTION of a judge in a given case--the worst thing imaginable, as two different judges could regularly give essentially opposite rulings in essentially the same case! What an obscene, tyrannical farce!
Again, the only sensible and just approach to the property question in divorce is to allow everyone to keep whatever they already have, by title or possession, UNLESS they can PROVE that the assets should be divided in some way or transferred to the other party. Any work or other contribution made, one party to the other, must be considered a bona-fide gift--for all time--unless a contract providing otherwise can be produced.
As I have previously said, the existence of an "implied partnership" can be recognized if it can be proven that both parties actively worked together in a real business, and the residual assets of the business can be traced! If either party doesn't like this situation they can, at any time, DEMAND A POST NUPTIAL CONTRACT CORRECTING THE SITUATION OR DIVORCE THEIR SPOUSE!!
Nuff said!
Edited by jbar (10/10/07 09:04 PM)
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Samsung
Platinum
Reged: 06/14/07
Posts: 2019
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I don't have a problem with asset division for the most part. I do have a problem with custody dicisions. I think that cheaters should become the NCP by default, as they have already shown they will put their own interests before their children...unless someone can show me how having sex with the neighbor is beneficial to the kids.
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LoveChild
Platinum
Reged: 05/19/07
Posts: 269
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I agree with that Samsung.
And the property division is not that bad, but the way the courts extract vaginamony and CS is loony. Why do I have to make sure the money is taken out of each check, but she doesn't have to put it into a seperate account in the kids names?
Why do I have to pay a processing fee to have it taken out? Why doesn't the fee just get taken out of the money I'm paying? Why do I have to pay for my kids when they are with her in the first place? Don't twist my words anybody, I want to support my kids, but CS is for time that I don't have them with me. WTF
My ex got over a half mil. And a lot for monthly SS. That should be enough for HER to buy the kids things with.
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taryn
Platinum
Reged: 05/31/07
Posts: 2125
Loc: Hell...but im coming back up, ...
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[quote]I don't have a problem with asset division for the most part. I do have a problem with custody dicisions. I think that cheaters should become the NCP by default, as they have already shown they will put their own interests before their children...unless someone can show me how having sex with the neighbor is beneficial to the kids. [/quote]
i hear you!
sigh....
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taryn.
Edited by taryn (10/14/07 10:50 PM)
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mistake#2
Platinum
Reged: 07/19/06
Posts: 3136
Loc: Florida
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[quote]Does CS cover "Christmas expenses"? I buy gifts and give money directly to my children at Christmas, but my ex is demanding I give her and additional $300 per child for "santa" presents. [/quote]
Okay, so back to the Christmas thing!
Why would anyone think that santas presents should be financed by anyone but the person giving them?
Even my dirty b@stard ex and I agree on the present aspect. We each buy what we feel appropriate and spend what we feel appropriate. I have my kids write out a Christmas/Birthday wish list, I share with my ex what they are asking for and tell him what I am purchasing so there are no doubles. I make suggestions if he still doesn't have any clue...and I give them the presents that are from me and he gives the one from himself.
As far as amounts go...Birthdays - I generally spend about $75. Christmas - I get a little crazy since I was not allowed to celebrate for several years and probably spend about $250 each. Their dad generally spends $40-50 at birthdays and about $100 for Christmas presents.
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**2 1/2 weeks to go...should start counting down the days**
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