New correspondence from her lawyer. He has scheduled a conference on the 24th. My lawyer said she would try to have it adjourned.
I sent this correspondence to my lawyer:
Quote:
Thanks, Anne. You guys are swell.
Current facts: 1) I am living day-to-day outside of the marital home 2) I am at the house Tuesdays, Fridays, and Saturdays to be with the kids. I stay at the house over nights on Friday. 3) I do see my kids most Sundays at church and sometimes afterward 4) I continue to desire time to resolve some conflict in the marriage, so I'm not eager to move back in the house. A friend described that as "an act of war". Wife really doesn't want me there. 5) Wife may never ease up and I may have to start fighting for what I think is mine. 6) Wife wants physical custody of the kids during the week with my having access during partial or alternating weekends and perhaps an evening during the week. This is unacceptable to me. 7) I want equal custody of the children, and I absolutely want some school days and some weekend days. 8) Wife is not interested in keeping the house. I am. That's something we can agree on. 9) I don't want to pay child support. I'll need all of my income to keep the house. I don't make that much more money than my Wife, and if you take her benefits into account, there is very little gap.
Perhaps I need to move home so that I am with the children more often. As far as I understand it, our agreement is that I continue to have a right to move back into the house if I wish to, even if it upsets her. Can she do anything to change that?
I filed an extension on my taxes because the situation is a disaster. She filed separately and claimed the kids. I have about $30,000 in income that I paid $0 in taxes in and probably owe around 10K. This was largely due to depression brought on by the breakdown in the marriage. Wife has refused to show me her returns, has pocketed a tax return, and also has taken an approximately $5000 reimbursement from a dependent care expenses account and pocketed that as well.
I would like to re-file as married for 2011, split the tax liability, and split the dependent care expenses reimbursement. I'm going to need that money to pay for legal fees.
All of this is true, and still, I want to stall for time.
If you think this warrants a phone call, please let me know and I am available to talk almost any time.
- All for the kids - Me:34, W:35 M:7, T:13 S6, D3 + my D15 from previous marriage July 2011 "I think I need a separation" W filed D September Currently living apart - she has the house, I rent a room