Boston Herald

Dad feels parenting plan is almost too generous

- Wendy HICKEY Wendy O. Hickey has since 1994 been involved in and since 2003 been a trial lawyer who concentrat­es her practice on national and internatio­nal family law. Any legal advice in this column is general in nature, and does not establish a lawyer-c

Q My wife and I are trying to negotiate our own divorce agreement. After some tough conversati­ons, we agreed on an asset division. I have been anxious over the parenting piece because I want to have our 9-yearold twin sons half the time, but she is a control freak.

I asked her to make a schedule. She proposed our boys live with her during the week and with me on weekends (Friday afternoons through Sunday evenings), during school vacations and all but two weeks of the summer, with equal sharing of major holidays. She wants me to be solely responsibl­e for hockey — the cost and getting them to practices and games. Some of their hockey is during the week, so I would see them during the week, just not have them overnight.

This seems unusually generous, which leaves me wondering what I am missing here.

A This is an unusual plan and, frankly, one a judge would never order short of an agreement. Your wife is essentiall­y taking all of the “work” and giving you the “fun” time. However, if control is her thing, it may be more of an issue than you realize. She may not do well in unstructur­ed fun time, especially with active, athletic boys. She has taken on structured time with them, where she can dictate their routines for homework, chores, activities and bedtime. The schedule may be more necessary for her than it is for the boys.

The only potential pitfall I see is the child support component. Ridiculous as it sounds, count the number of nights the boys will spend in each household in a given year under her plan. In all likelihood, it will be close to equal. But if she has significan­tly more overnights, you may find that child support is only calculated as flowing from you to her (i.e., hitting you harder in the wallet). If you have the same amount of time with the kids or close to it, child support is calculated as if it were flowing in both directions and the difference in the two numbers is what is actually paid.

Also, hockey is expensive and time-consuming, so look at the costs you would be taking on, especially if your boys play club hockey, and compare that to any “extras” she is proposing she take on. It may be she has proposed this because she sees a financial advantage in doing so and it complement­s her control issues.

Bottom line: Assuming you can afford it, sign the deal and skate your victory lap.

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