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Does Less Income Mean Less Parenting Time?


Of all the ugly things that spouses say to each other in the midst of a divorce, threats to take the children away from the other spouse are the ugliest.  On some level, you know that your ex-spouse cannot legally deprive you of the opportunity to spend time with your children, but the stress that divorce puts on children’s relationships with both parents is substantial enough that alienation of children’s affection is a dire threat.  Yes, the court can try to stop one spouse from trying to negatively influence the child’s feelings about the other spouse, but in the end, your child is the only person who can decide whether he or she blames you for the divorce.  Your spouse can also threaten to deprive you of your financial stability, and while you have never been a materialistic person, the idea of the court deeming you an unfit parent because of your unstable financial situation is terrifying.  With the help of a Boca Raton child custody lawyer, you can call your ex’s bluff, think clearly about the situation, and get your fair share of parenting time.

It Takes More Than Money to Make a Stable Home Environment

A couple in Tampa spent most of the first decade of the 2000s litigating their divorce and a series of post-dissolution legal actions.  During the marriage, which lasted about 17 years, the husband’s income was much higher than the wife’s.  Although the husband’s income varied from one year to another because of factors like gig work and overtime pay, during the year in which the parties filed for divorce, the husband earned about twice as much as the wife.

The court awarded the wife possession of the marital home, where she had lived with the parties’ son since the husband had moved out, but the wife was unable to afford the mortgage payments on her income alone, even after a refinance.  The wife wanted the court to order the husband to pay alimony to make up for the portion of the mortgage payments that her employment income could not cover.  The husband wanted the wife to sell the home and move into a smaller apartment.  Toward this end, he asked the court to make him the primary residential parent, since he would not need to relocate, thus creating a more stable physical environment for the child.  In one of its decisions, the court noted that the stability of the physical environment is only one of many factors that determine a child’s best interest.  In the end, the matter never got resolved, because the child reached adulthood before the parents had resolved their legal issues.

Contact Schwartz | White About Standing Your Ground When Your Ex Tries to Intimidate You About Money

A South Florida family law attorney can help you exercise your right to a stable relationship with your child, even if you are struggling financially.  Contact Schwartz | White in Boca Raton, Florida about your case.



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