Legal Question in Family Law in Minnesota

Joint physical custody, create our own payment amt

My ex and I have been separated for 2.5 years. We get along very well. She's finishing school so I'm supporting her financially (voluntarily) and will do so for another 2-3 years. I have no problem with this. The problem is that she wants to have full physical custody on paper, even though our kids spend 50%+ time with me. Apparently, with joint physical, I'm mandated to pay her less. She trusts that I would still continue to pay her the same proportion of my salary, but says that since on paper she's worth less, getting a loan (like if her car dies) will be near impossible. I'm inclined to agree with her, but wonder if we can get 50/50 custody, and, on paper, specify that I must pay X amount of dollars, an amount that WE determine, and NOT the courts, so something like a bank loan won't be impossible for her if she needs it. As much as I trust her (a lot), I'm still uneasy with giving up physical custody, if only on paper.

Thanks.


Asked on 5/24/05, 9:16 am

1 Answer from Attorneys
Michael Paul Cundy & Paul, L.L.C.

Re: Joint physical custody, create our own payment amt

You are right. The labels still mean a lot. Court's two or three years later, when she is done with school and making money, won't care about you if she has sole physical custody. Please call me and we can discuss.

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Answered on 5/24/05, 10:12 am


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