Sunday, September 28, 2008

Domestic Violence and divorce

1. How can you leave a marriage if you’re being abused? The court system provides for restraining orders, temporary support, and a way to leave your home with your kids and your possessions. You don’t have to stay simply because you think if you don’t, your spouse will ruin you financially.


2. Does domestic violence affect child support and spousal support? The child support and spousal support will not increase to punish the abuser or reward the victim for putting up with it. However, if the abuse has caused greater expenses, such as therapy or security, those costs can be considered. Also, child support may go up for the victim if the abuser’s parenting time goes down because of a threat to the best interests of the child.


3. Is it better to tough it out or to get out of an abusive relationship? No. Your divorce agreement can specify where exchanges of parenting time can take place and who will supervise them. Keeping the kids safe and removed from their parents’ conflicts is the top priority.


4. Will my ex be able to come to my home for parenting time exchanges? Yes, unless you specify otherwise. The kids can also be dropped off in an alternate location or picked up from your home when you aren’t there, if it’s documented in the divorce agreement. On the other hand, just not liking the sight of your ex isn’t a good enough reason, without more, to change the parenting time pickup location.

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