# Trying to be "fair" in divorce



## Houstondad (Jul 6, 2011)

I am about to sit down with my wife regarding splitting assets, the house, kids, retirement, etc. I know she would like joint custody of the kids (5 & 10 yrs old) with me as the primary parent (she lives in another state). She wants this to go easy, but I just want to make sure I'm fair yet not short-changing myself. I have issues such as:
1. Child Support
2. Trying to keep the house for the short term atleast
3. Debt ( I have school loans that still need to be paid off)
4. 401K
5. Assets,etc.

Is there a norm when it comes to this or is every case unique? I guess my lawyer will explauin this when I meet with him this week. Just curious and anxious. Thanks


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## Walt (Jul 17, 2011)

Don't forget visitation for the kids (who gets holidays, vacations, etc.)


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## KanDo (Jun 15, 2011)

Dude! There are standard orders of possession in TX. Also Spousal support is limited in Texas. If your school loans were from before marriage they are yours. Otherwise they will likely be seen as community debts. If she lives out of state and you have primary custody. You will get child support until they are 18. It is income based in TX. Talk to your lawyer. Everything except really the child support is negotiable.


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## calif_hope (Feb 25, 2011)

Child support, it's 18 and graduate from High School (longer if Special Needs issues are present) - if agreed child support can go longer to cover the college years. 

You should put in language in the agreement to either contribute to a college fund and/or extend CS.

Don't forget language to deal with late payments and interest on any arreares - In California the interest rate can't go over 10%.... courts ordered child support orders always set interest at 10% in Calif.

All states have offices that deal with Child Support - they will handle to child support set-up for you for free - act as the collector (major collection tools) if you chose their service.
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## calif_hope (Feb 25, 2011)

Don't forget language about medical bills (insurance premiums, copays, deductibles, out of pocket) - this is separate from child support.

Also make it clear that child support is money, in-kind deductions not allowed unless you agree (example the cost of clothes your wife buys the kids during her visitation time cannot be credited to her owed child support - you can't put food on the table and pay the light bill with your children's clothes...
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