My spouse consumes alcohol to excess daily, but still works and does not have any driving infractions. Will the court care and grant me custody?
Yes, the court cares about all the details of your children’s lives. The court looks at each custody case separately and gives due deference to the parties and the specific children. The court sometimes has the difficult time in picking between two good parents, but often the court has to make a wise decision between a good parent and one that only appears good. Giving the court all the information you believe is relevant to the raising of your children is imperative and helps the court determine the best interests of the minor children.
Do “the guidelines” apply to me even when I lost my job and have only unemployment income benefits?
Maybe. If the court finds that you are voluntarily underemployed and depressing your income and could/should be working, then the court can impute your income number (or basically create and imagine a false number and use that to fill in the guideline information). However, you may need to immediately file for a modification of child support. Child support payments vest. What that means is when you have a court order, on the date the payments become due they will always be due and cannot be retroactively modified or changed. So you need to file a motion to modify child support the moment you lose your job or have a significant reduction in income, regardless of the circumstances around said reduction.
When a marriage ends, legal issues immediately arise. Getting strong legal advice is the only option.
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