Divorce, Single Parenting, Dating, Sex, & Self-Recovery

Posts tagged “child support issues

Your Contempt for Me After the Divorce is Hurting All of Us

OFF-maidamerica

There were two minor events that happened in the first weeks of my relationship to the woman who became my wife and mother of my two outstanding kids.

About two years into the divorce, and a year after the full payments are in force, I hit a rough patch in my employment.

ONE: After we had begun our committed relationship, she got in the car one afternoon and said, “I’ve just gotten a new prescription for birth control pills.” EXCITEMENT PLUS. Woot!

TWO: She got in the car a few weeks later and asked me why I was upset. I told her that I had left $150 cash in the glove box of the rental car. I had called and, duh, they didn’t have the money. Her response was immediate. “Well, at least you are rich enough that you don’t need the money.” BOOM.

It not only hurt, but it also stung me quite deeply. I recoiled and had to ask her what she meant. She didn’t do a very good job of explaining how $150 to her would’ve been a huge deal, but to me, it was little more than an inconvenience.

That’s how she saw me. MONEY. Even early on in our relationship. MONEY. I’m just now getting clear on this. As she is still grilling, hammering, and looking for “enforcement” from the Attorney General’s Office about MONEY.

We got over the early yelp I gave out at her contempt for my slightly more affluent upbringing. And we moved along down the relationship road until she moved in with me. Into the house I owned. She never mentioned the money again, but now I can see, with 20/20 eyes, that it was much more important to her than I realized.

When she got pregnant, we made plans to move into a house, rather than my condo. So the kids would have a yard. So we could begin building our nest. The money for the down payment came from my family. And we bought a nice little house in a nice middle-class neighborhood. We probably bought about 3 years too early, because a tiny baby doesn’t really need his own room. But we were young, in love, and ambitious.

Fast forward the tape 10 years into the future and we’re getting a divorce. Suddenly my money is her money, the house that was made possible by my inheritance, and my owned condo was all we really had between us. And the breakdown of the finances left us on unequal footing. She got the house, I got some relief from the $2,400 a month child support and insurance payments.

When she didn’t get her money after two months and 27 days, she filed the whole thing with the Attorney General’s office.

About two years into the divorce, and a year after the full payments are in force, I hit a rough patch in my employment. We lose a client. I lose 50% of my income. I tell her immediately that I’m going to be a little late on the child support. She throws a fit.

Now, to slow things down a bit, let’s examine the situation.

I was paying $2,400 per month in child support and insurance. She was living in a house (basically covered by my child support payments) and only had utilities, food, and clothing to provide for the kids. She had a steady job. Had we still been together, we would’ve worked together to survive the lean months and made up the slack when I got another job.

As divorced parents, she was furious at me. She wanted her money. She refused to talk to me about the coming school year and parenting stuff. Her response to every request from me was, “When can I expect my money.” Seriously, it was like a bad cartoon.

Well, when she didn’t get her money after two months and 27 days, she filed the whole thing with the Attorney General’s office. If she couldn’t make me pay her what she was entitled to, maybe the lawyers and police could.

Now, even two years after the AG’s office has driven my credit into the dirt, and really gained nothing for her, she still believes there is a benefit to keeping them in the relationship between us.

Why?

I’ll let her tell you. From an email a month ago.

A fact it would be weird for me to ignore is that involvement of the AG corresponds with XX and XY receiving more support than they did for the year /18 months before the AG was involved. It’s our job as parents to represent the interest of J and C and them having more financial support is in their interest. Until  there is an alternate method to oversee the result of XX & XY receiving a percent of your income for their support, I’d be laying down my obligation to XX and XY if I said no thanks to the strategy that has coincided with you more consistently paying support.

And when I shared with her the payments coincided exactly with my employment. I have to have an income to pay you a portion of it.

What is it you are asking me to rely on to assure you voluntarily will pay? This isn’t a sarcastic question. Help me understand what has changed to make it so you’ll contribute a part of your income no matter your financial situation.

So that’s clear, right. The AG’s office means my contribution to my children’s welfare is compulsory rather than voluntary. What I think we’re seeing is her rationalizing the entire affair that has caused me to lose my house and several employment opportunities. She won’t ever say she’s sorry. But maybe she will eventually see the damage the AG’s involvement continues to have on her children’s lives and mine.

But that’s not likely to happen, now is it?

Sincerely,

The Off Parent
@theoffparent

*this post was written April 2015

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Maybe I Needed An Angry Ex-wife to Push Me: To Feel Anger

my angry ex-wife

my angry ex-wife

She’s got a way of making me mad. Just knowing how she slit the throat of both my marriage and my entire financial life in one selfish move… Fk. Yeah, today, it is easy for me to get in touch with anger and resentment.

How My Ex-wife Did Us Wrong

Divorce is a two-way street. The decision to get a divorce, however, can be made unilaterally by one partner. If you have kids, that decision is going to affect all of you for the rest of your lives. Please take care with your decisions. Don’t just GO FOR IT, because you think you might WIN. (SEE: 7 Strategies for Winning Divorce)  Don’t listen to the lawyer who is selling the “package” divorce to you. It’s not what’s best for the kids. Even if you think you can’t go on, PLEASE, talk to your co-parent BEFORE talking to a lawyer. And if you’re in couples’ therapy, please use that time to bring up your issues BEFORE divorce becomes your escape hatch.

She was just so tired all the time. And mad.

For the last year of my marriage, my then-wife was angry. And it wasn’t passive-aggressive anger. It was a “fuck you” anger that she was unable to control. She couldn’t really be honest in therapy about what was causing her to be so furious. But she obviously got the message to the attorney who advised her to take the deal.

Here’s what the typical divorce package looks like:

  • Mom gets the majority of the kids’ time
  • Dad gets the majority of the kids’ bills
  • Mom gets the house and car
  • If you don’t have kids, the divorce should be easy

The Imbalanced Divorce Laws Are Bad for Everyone

Yes, I lament my single dad getting the shaft deal, but it wasn’t all bad. There was an aspect of the freedom, once the divorce went through, that was refreshing. I recall buying a $100 pair of Oakley sunglasses without having to beg anyone. I didn’t have to negotiate every single purchase I wanted to make. I was free.

I was also burdened with a mortgage-sized child support obligation. (1,600+ per month, plus medical coverage for both kids.) Yes, but… I was free.

What I lost was 70% of my time with my son and daughter. And what my mad ex-wife gained was a weapon she would use against me time and again over the course of the next eleven years. (My daughter turned 18 a year ago, but I paid child support up until June of this year, the end of the school year.) There was a significant imbalance of time and power when she was decreed the Custodial Parent.

She suddenly had an entitlement to the money each month. She kept saying it was “for the kids” as she bought expensive shoes for herself, took trips without the kids, and hired babysitters so she could date during the week. She pawned my kids off on babysitters, rather than give me equal time. If she wanted time off, she should’ve followed through on the 50/50 parenting discussion we began at the onset of the divorce process.

What I Lost in the Divorce

I lost my kids. That was the biggest setback I’ve had in my life. Losing so much time with them, losing even more touch with them as they became driving teenagers. But, primarily, my kids lived with their mom and they visited me. My house was never able to be a home. It was more like a hotel on the weekends my ex-wife had off.

That was really what it felt like to my kids. Their lives continued in the same house, the same school, the same routines, except I was just on an extended (forever) business trip. While their lives went somewhat unmolested, everything about my life was turned to ashes.

I lost my house, my best friend, my neighborhood and friends, my tennis leagues that were a block from the house, my kids. Mainly my kids. But, the reality is, the parent who leaves the kids and house behind has to ACTUALLY START OVER. I still don’t have a proper toolbox. I left that at the house. And it’s taken me 11 full years to have the financial balance sheet to afford even a modest home.

I’m Mad About the Way I Was Treated

Yes, I’m mad. I’m furious. And I’ve been furious since my wife changed the game a month before we filed all of our papers with the family courts. When we had negotiated 50/50 shared parenting, I was unhappy but cooperative. At the end, after the finances had been negotiated, and the holidays, and “joint custody” was the plan, after all that, she decided to go for the divorce package. Fk the dad. Let’s go for the best deal we can get. His problems are no longer mine.

And that would’ve been enough, I suppose. She could’ve celebrated her victory and left me at peace, but that was not what happened. Several years after we were divorced, my employer lost a key client and let me know they would need to catch up on my paychecks over the coming months, as we moved to replace the business. I let my ex-wife know as soon as I got this news. I asked her to be patient as I worked to get caught up. I was not yet behind on my child support, but I imagined the $1,600 payments were going to be a problem very soon after my employer couldnt’ make payroll.

When I was ONE WEEK LATE, my ex-wife filed her case to the Enforcement Division of the Attorney General’s Office with the state of Texas. And boom, my credit was crushed. I was unable to refinance my meager house. I was shit out of luck.

I’m Mad She Would Hurt Her Co-Parent

You can’t swing a heavy bat at your ex-partner without hitting the kids. While my ex-wife must’ve imagined she was hurting me alone, she was also hurting our two children. This is a pattern that would be repeated over the next several years as she also decided to stop including me in any family decisions, even though this was agreed to in our divorce decree. She simply stopped co-parenting. What were my options? Sue her? For what?

My ex-wife crippled my earning power, my buying power, and my livelihood for the last 9 years. In this action she was hurting my ability to buy Christmas presents for my kids, to afford a place big enough to have them over on my weekends. She didn’t care. She was pressing the matter at every opportunity. She, sort of, still does. But, I’ve learned to never ask her for anything. That’s the way she must’ve wanted it. And that’s what she got. But she will understand at some point, the damage she did to her children when she was hoping to crush me.

The dreams of my parenting (during marriage and after divorce) were cast aside by a series of decisions and actions my then-wife and ultimately ex-wife chose. She did this. I’ve got my freedom, yes, and the love of my children. Someday, I hope she gets the recoil of the weapon she fired at her former partner and father of her children.

Namasté,

John McElhenney – life coach austin texas
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I’m Sorry for All the Things I’ve Done and Said…

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…but you’re out of hand these days.

I’ve tried negotiating with my ex-wife. I get delays, abusive emails, and a lot of bs. I’ve tried offering ideas about coparenting with my ex-wife. I get rejection, reasons why it won’t work, or ignored. I’ve asked for facetime where we could work some of our “issues” out and I get excuses, I get her new husband instead, I get a lot of nothing.

My ex-wife treats me like a misbehaving child. I’m in time out.

So I rail. And I feel good about it. And I feel bad about it. I mean, she’s the mother of my children, how can I be talking (writing) so disparagingly about her?

Well, for the first part, she’s a royal b****. Second, she’s decided not to deal with me but to let the state of Texas deal with me. (She turned our relationship over to the AG’s office a few years ago, to enforce her decree.) I guess she forgets I agreed to the terms of our divorce. I guess she forgets that only death can separate me from my debt to her. I guess she forgets that if we’d gone 50/50 like I wanted, there would be no child support, we’d have had to pay our own way. I guess she forgets.

But I don’t think she forgets, that’s a cop-out. She hates. She seethes. And she’d rather not see me for fear for lightening up on the angry legal approach she takes to everything I ask about. I’m not asking for much. I’d like the lien on my credit report to be lifted, so I don’t show up to potential employers as a deadbeat dad. I’d like her to acknowledge that the AG’s office was a bad idea and to make the single phone call that could end their intrusion into our lives. But she won’t.

She’s convinced, and she tells me from time to time, that they provide a service to us. They provide the accounting that we’d eventually have to come up with. They provide an easy way to pay her the child support. She’s convinced that having them in our lives is a good idea. Still. She still wants the arm of the law and the lawyers of the state on her side. I don’t know how to respond. So I learn not to respond. I learn to respond here. I learn to let it out in a healthy way (anonymously) that won’t damage her or my kids in any way.

Am I right? I don’t know. Does it feel right? Sometimes. Do I need an outlet for this rage that comes up when she pulls one of her dickish moves? Absolutely.

I’ve developed a term for what she is. The term was brought into use when referring to a new girlfriend’s mean ex. The dickish ex. That’s what I’ve got: a dickish ex.

She knows she’s being dickish. She knows that sending her new husband to meet with me rather than meet with me herself is a dickish and cowardly move. Well, the AG’s office has a surprise for her. In our child support negotiations it’s only going to be me and her and the AG employee. She’s going to have to tell the case worker why she’s being a dick. (grin)

I’m sorry for the things I say here. I’m also happy I have this outlet so I don’t take my frustrations out in some other way. To my dickish ex I give my middle finger. To the AG’s office I say, “I will comply to the letter of the law, as I always have.”

Sincerely,

The Off Parent
@theoffparent

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Another Reach for Power and Control After Divorce

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There should not be so much anger six years after my divorce. There should not be so much anger ever.

I’ve been divorced for six years. My ex-wife is “happily” remarried and yet still somehow furious with me. I’m not sure how that’s supposed to work. But I think  you get over your ex and move on. That’s the path to healing. The other, the obsessive hate, is corrosive to everything and everyone around you. Unfortunately my kids live in that environment 70% of the time. The good news is they have come out okay. At 13 and 15 I find them charming, well-balanced, and loving kids. My ex, not so much.

There’s some sort of power and control going on here, even now. She wants to know what companies I’m applying to? She wants to make sure I don’t try to skip out on the AG’s payments when I get my new job?

A great example of the game she’s still playing happened last week.

I am in the process of applying for a lot of jobs these days. And recently, with a financial institution, they let me know a credit check would be part of the final approval of me as an employee. Well, since my ex-wife sent my ass up river to the Attorney General’s office there’s a nifty little red flag on my credit report that says I’m a deadbeat dad. (Thanks ex, that’s really helpful.)

No, generally the AG’s office is reserved for deadbeat dads. Here’s a few definitions of deadbeat dads.

  • Skip out on financial responsibility for their kids
  • Hide money to keep from paying appropriate child support
  • Move away from their kids to keep from paying or being emotionally available
  • Refuses to take responsibility for their kids, financially, emotionally, physically.

I’m none of these things. Here’s what happened. I was working for a small business. The small business lost their main client. I lost my income. I told my ex-wife I would be getting behind while we looked for new clients. She waited exactly two months before filing against me with the AG’s office. Somewhere, somehow, she believed she was working in the best interest of her kids.

I had been talking to a friend who worked for the AG’s office (still does) at that time. I told her, “They do not provide the service you are thinking of. We should work it out between us. Bringing them in is only going to complicate things.” She filed anyway.

Today the AG’s office has a lien against me for the child support payments I missed during my period of unemployment. I asked my ex at that time, “Do you think I’m hiding income from you?” “No,” she replied. “Do you think I’m not looking for a job as hard as I can?” “No,” she said. But somewhere in her “still angry” brain she felt justified at turning me over to a glorified collections agency. And all hell broke loose at that time. Here’s the kicker: she knew the AG’s office would severely fuck with me and she did it anyway.

Did she get her money any sooner? No, because, as I’ve told her repeatedly, if there’s no money coming in there’s no money for either of us. She seems to understand this, but it makes her furious. Anyway, jump forward to last week and this financial institution I’m trying to land a job with. I had to ask my ex wife to write me a note saying I’m a good dad, and explaining that the lien is simply a financial issue we are dealing with together. Wow, that made me feel like I was getting a permission slip in kindergarten.

There’s so much anger coming from her side that this latest move felt normal. I mean, why would she want to give me anything that makes it easier for me?

But it gets better.

As she agreed to write the letter, she also asked to know the firm I was applying with so she could write it specifically to them. I was confused. “Can’t you just write me a “to whom it may concern” letter?” Her new husband said it would carry more weight if it was written specifically to the employer. “Great,” I said. “Then I need three more letters.” And she produced them.

There’s some sort of power and control going on here, even now. She wants to know what companies I’m applying to? She wants to make sure I don’t try to skip out on the AG’s payments when I get my new job? More likely she’s just being mean and finding a way to stay in control. And she is in control. But now each day I’m going to ask her for more letters. And she will write them. I guess this will continue until either 1. I have a new job, or 2. she gives up control and writes me the “to whom” letter.

There’s so much anger coming from her side that this latest move felt normal. I mean, why would she want to give me anything that makes it easier for me? And how better to keep on top of me than to require a letter of release for each potential employer.

Oh the joys of a power-hungry ex-wife. Blessings on her. I hope someday she forgives me so she can turn around and finally forgive herself for deciding to exit our marriage.

Sincerely,

The Off Parent
@theoffparent

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The Complaining Never Ends, Even After Divorce

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Yesterday my ex-wife texted me about my son’s phone. She’s still got the kids for 4 more days, and I knew the repair was about $80 bucks, so I asked her why she thought it was necessary to give this task to me? I mean, they spend an exorbitant amount of time at the mall, a simple drop-off and pick-up while they were shopping…

I asked, “Why are you giving this to me?”

My ex-wife, even when she was my wife, is rarely happy with how things are. She used to always complain that she was the only one who cared about the house, who paid bills, who took the kids to doctor’s appointments.

Then came the extraordinary reply that went into her health, her schedule, her work, and how if she “ever asked” me for anything it was with great effort. Um, yeah, I don’t think so. She asks for other’s to do her “work” all the time.

Am I enjoying some of my ex-wife’s exhaustion too much? Hmm. Good question. Am I withholding support of my kids in order to punish her? No way. So she’d like me to handle this mundane chore while the kids are with her? What? I just didn’t get it. Then in a conversation with another parent, not divorced, I said, “You could be dealing with the exact same shit as a divorced parent. It doesn’t stop.”

And that’s when it hit me. My ex-wife, even when she was my wife, is rarely happy with how things are. She used to always complain that she was the only one who cared about the house, who paid bills, who took the kids to doctor’s appointments. And this is when she was either not working or working 10 – 15 hours a week. Yeah, she was right. There was an imbalance, but it was never enough, no matter how much I pitched in.

And there is one tiny bit of poetic justice here.

At the beginning of our divorce I was asking for 50/50 parenting. I was thinking about the kids and not the child support. And I was denied my request for a number of reasons.

  1. She was the primary caregiver.
  2. The kids needed their mother more than their father.
  3. She was the more responsible parent (keeping track of doctor’s appointments and kid’s school assignments)
  4. (the big one) If we went to court this is what she would get.

So in the heat of that discussion, I was railroaded into giving up my dreams of being a 50/50 parent. I was told what I was going to get and I accepted their verdict. But I did not agree with 1, 2, or 3 at all. It simply was not true.

What was true is she got the house, a nice child support payment, and 2/3 of the kid’s time. It was a trade-off, I guess. For the money she was given, she would also provide for most of the child care and extracurricular activities. That’s just how it broke down. And this is when our kids were 6 and 8.

Now our kids are 13 and 15 and she’d like A LOT more help with all the parenting duties. That’s understandable. But, it’s not what we agreed to. So perhaps the non-custodial role has some benefit later in the divorce. Perhaps my reward, or my consolation prize (because I would’ve preferred having the kids with me 50% of the time) is that now she also has most of the extracurricular duties as well.

What I can do is be the best dad I can be given the time I have. And I don’t rub the situation in on my ex-wife, though I chuckle a little every time these complaints get filed on me.

Let me be clear. She was not the primary caregiver. We split that down the middle. From diaper changes, to nighttime feedings, to cleaning up around the house. And I do not agree that mom’s are more necessary for the kids. I believe dad’s get the shit end of the deal in traditional divorce. I think if you parented 50/50 you should divorce 50/50. And finally, she was not the most responsible parent, we had divided some of the parenting duties up, and scheduling was one of hers.

My ex-wife complained when we were married. And now that we’ve been divorced over 6 years she’s still complaining. And while I hear her requests, I also hear her asking for a more 50/50 parenting arrangement, something she denied me. Is it bad that I’m holding back on this? I don’t think so.

Today, with teenagers, I’m not so sure I want 50/50 parenting. Had I been given the same consideration when they were younger, I might think differently today. But I’m getting enough of my kids, at the moment. Sure, I miss them when they are away, but I can’t ever get back their early years. I can’t make up for lost time.

What I can do is be the best dad I can be given the time I have. And I don’t rub the situation in on my ex-wife, though I chuckle a little every time these complaints get filed on me. We’re no longer married. You no longer have my undivided attention for such things as “being tired.”

I love my kids and I still love my ex-wife for being such a good mother. But she’s still the custodial parent, and with that comes a salary and additional responsibilities. That’s what she asked for, that’s what she gets, even today.

Respectfully,

The Off Parent
@theoffparent

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A Thin Line Between Love and Hate: Marriage to Divorce

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How did I get in this position? How did my ex-wife get so entitled that she turned my ass over to the Attorney General of the great state of Texas for “enforcement.” How did I get assigned to the Special Collections Unit? How do I still have to look my ex in the eyes and smile at our children’s school and sporting events? When did it all switch from love-and-working-on-it to divorced-and-where’s-my-money?

She wanted me to take the kids to some of their doctor’s appointments. She wanted to balance things out more. Um, wait, that’s what you argued against when we were dividing up our parenting duties.

We’d have to roll the video tape way back to catch the first moments of contempt. It was easy over email for her to be a total bitch. She too was a writer. She prided herself on her pretzel logic and how she could write a scathing email and argue both sides of the issue and leave me utterly confused about what she was saying. Face-to-face we usually did pretty good. But give her some room, the ability to focus on some imaginary image of me as the dead beat dad, and she could tear me to shreds.

I saw this first-hand only once since we’ve been divorced. We had chosen to see our kid’s therapist for a counseling session on keeping our parenting schedule amicable. She was beginning to sag a bit under the strain of the standard possession order (SPO) that she had argued for and won. She wanted me to take the kids to some of their doctor’s appointments. She wanted to balance things out more. Um, wait, that’s what you argued against when we were dividing up our parenting duties. You seemed to think you were the responsible one, that you were the nurturing one, that you should get the kids 65% of the time.

And again just this week she sent me an email about some detail of one of our kids and lobbed this love bomb over the transom at the end of it. “Also, J needs his vaccine.”

When I responded to the initial reason for the email but did not volunteer to take my son to the doctor, she responded, after thanking me for the first portion of the acceptable response, “I don’t know how to take your silence on the doctor’s appointment.”

Perhaps I should’ve let her have a touch of my anger, but I didn’t. Maybe silence was more passive aggressive. Or was it aggressive aggressive? Either way, I did not take the bait nor the action item to get our son to the doctor. 1. She didn’t ask, she just lobbed it into the previous conversation. 2. She didn’t ask the second time she just showed a bitch sign for her disapproval. 3. She still didn’t ask.

But it shouldn’t be like an invoice that I owe. It should be a cooperative arrangement between two people that still love their children, just not each other.

But let’s put another chess piece out on the table between us. Two and a half years ago she turned our decree over to the AG’s office for enforcement. Now I’m a dead beat dad on paper, and the lien on my credit report means I can’t get a used car loan for less than 19% and a home rental company denied me without even talking to me about the issue. Yeah, it’s a big issue. And yeah, I owe her some money at this point. But even without the AG’s office I would’ve owed her the money. And I will pay it all to her. But I can’t pay her any money if I have no money coming in. When I lost an anchor client in my small business, I begged her to be patient and to listen to my voice, “I will get you the money. I’m talking to new potential clients everyday.”

And today you’d hear her say, “He didn’t pay me anything for the entire summer and he was threatening to not pay me at all.”

She knows this is not true. I am obligated by law to pay her every penny on the decree, regardless of my employment status or ability to pay. But it shouldn’t be like an invoice that I owe. It should be a cooperative arrangement between two people who still love their children, just not each other. But somewhere along the way her anger turned towards me as the root of her problems. Somehow my job, or lack of job, was making her uncomfortable. And that made her furious while we were married, and doubly so after we were divorced.

So in I went to Mr. McK****’s Special Collections Unit. Dead beat dad. Credit score below 450. Fucked, essentially.

Today I’m working a job that pays for the child support and the health care for the kids and little else. If I didn’t have a fiancé who had a good job I’d still be living at my mom’s house. Do you think she had sympathy for my situation? Do you think she was aware of the impact of losing my house had on the kids? No. I took it all in a very Ferris Bueller way: I smiled and sang danke schoen while she refused to accept any of my offers to secure the debt I owed to her. But I was doing that for the kids. They didn’t need to get in the middle of their mom’s contempt for me.

In the AG’s eyes I am paying the maximum amount they are allowed to take from my paycheck. That’s the best I can do. Sure, I’d love to help my ex-wife and my kids, but I’m afraid my hands are tied.

My kids will know when they are older, that their mom did these things to me. I’m too nice a man to reveal the heart of the matter to them while they are still in high school. They need both parents right now. But at some point, they will want to read my divorce book.

There’s one last tidbit that came up last week that brings a small smile to my face. In January my daughter suffered a major migraine headache and had to be hospitalized. Even though I have great insurance for them, the deductible was quite high. My ex-wife asked me to split the bill with her. Um…

In the AG’s eyes I am paying the maximum amount they are allowed to take from my paycheck. That’s the best I can do. Sure, I’d love to help my ex-wife and my kids, but I’m afraid my hands are tied. I suppose she can sue me. She works for a law firm. It wouldn’t surprise me any more than I was surprised when she told me she consulted an attorney after we’d been in couples therapy for a few months.

Nothing surprises me about her adverse actions. Striking at me was moving against the best interests of the kids. Now she can have her AG-sanctioned income, tax-free, and howl until she passes out before I give her an extra dime. No, honey, you blew through cooperation two and a half years ago. Dig it?

Respectfully,

The Off Parent
@theoffparent

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A Quick-Start Guide for the Divorcing Dad: The Off Times

OFF-quickstart

When you go down the path of divorce, however you got there, a few realities are going to rush up and greet you rather quickly if you are a man. There are two important issues that it is critical for you to understand. Time and Money are the only negotiating points you have. Let’s jump straight into the story, shall we…

When my time with them dropped so significantly, I began to crater on the days and weeks that I had zero access to their smiling faces.

The legal system is set up to support single moms and to force dads to make their child support payments, regardless of changing situations or dad’s ability to pay. That’s not their problem. And the typical support package includes the Standard Possession Order and some percentage of your income, depending on the number of children you have. Let’s get real clear on both of these new realities in your life, as a dad.

SPO (Standard Possession Order) is the parenting schedule you will most likely be offered. The reasons behind this 70/30 parenting split were established by the state over years of divorce and custody battles and negotiations. The rationale behind it sounds like it made sense 30 years ago.

The mother as the primary care giver will be given the majority of the time with the kids. This allows the continuity of their primary relationship in this trying time. This leadership role will be called the custodial parent. The Attorney General’s office, should they ever be needed, will treat the custodial parent like a client. The non-custodial parent, on the other had, is a bit of a second class citizen. This morning when I was confirming some of the details about my current arrangement, I noticed this contact list on the AG’s website.

Screen Shot 2015-09-18 at 8.07.29 AM

The custodial parent get’s their own line. As do employers and people not so certain of their paternity obligations. All others please call the general number and get put on hold and endless transfers through voice activated systems. “If you are the custodial parent, press one. If you are the non-custodial parent [the only reason you are calling us is because of a problem, and you’re probably a dead beat dad] press two.

Time and Money. Those are the two negotiations you will have to settle in order to get divorced. I was the uber-cooperative divorcé. I agreed to everything. I was told it would be in the best interest of the children for the mom to get the house, the child support, and the lion’s share of the time with the kids. I had a naive idea at the outset that we would divorce 50/50 just like we had parented. I was wrong. And the state’s attorneys have given us a lot of precedents that show this role for the dad is the best one.

Non-Custodial Parent. Standard Possession Order. Child Support. Those three little phrases are about to become very important in your life. And your understanding, navigation, and negotiation in setting them up, might save you a lot of the heartache and drama that I’ve been through.

TIME

The 70-30 split sounds a bit abstract until you are in middle of your “off” week and you are trying to imagine surviving the next 4 days until you see your kids. Here’s how the typical schedule breaks out. Dad gets the kids every other weekend. During dad’s ON week he gets two additional nights. Thursday and Friday. If your kids are already in school, that’s really after school time, and getting them up for school on Friday morning and Monday morning, if that’s your schedule. (All schedules can vary and still be basically the SPO.) On the OFF week, you may or may not get a single night sleep over. Again if your kids are in school, that’s really one cycle of feeding, homework, and back to school the next morning. Those single night stays were hard. The loss when taking them to school on the off Fridays was brutal.

I struggled to stay brave while I was with them, and suffer greatly when they were gone.

Time with my kids was the most important aspect of my life after they were born. Everything I did, I did in consideration of my then-wife and my kids. I centered my hopes and dreams around being a great dad, and being there for them every night, every volleyball game, every time they needed advice. And when they were younger, say after 3rd and 5th grades, they really did need a lot of interaction and caring. When my time with them dropped so significantly, I began to crater on the days and weeks that I had zero access to their smiling faces. I might have done better to fight and receive a more equitable divorce. Maybe Joint-Custody and a real 50/50 schedule would’ve provided more connections between us. Maybe I’d have been able to get my son into tennis or bike riding. Maybe I wouldn’t have crashed so hard into depression.

When I was thinking about the math last night, I was surprised to understand that she had the kids more than twice as much as I did. The 70/30 split is very abstract until you are losing so many nights and weekends with your kids. I still think a 50/50 schedule would’ve been better for my kids. And today, I have some ideas that might make that possible. But today my kids are teenagers. Today they have their own independent lives. Today, my interactions with them, even when they are here, is fleeing, abstract, and often superficial. I dig being with them, and I try and make myself open for their questions. But at this stage the lead in the relationship is up to them. Asking your kid, “What happened in school today,” will never get more than a “not much.” When your kids want to chat they will seek you out. By being available, still only 8 days out of a 30 day month, those opportunities have smaller windows.

So my ex-wife gets more than twice the time with the kids. Wow. It’s a lot. But until you’re IN DIVORCE and have kids, you can’t really understand what the loss means. It took the breath out of me for over two years as I struggled to stay brave while I was with them, and suffer greatly when they were gone. The OFF parent has a lonely road ahead.

MONEY

This is where the rubber meets the road in divorce. In general the dad will have the child support obligation. The idea is that he is often the primary bread-winner, or at least as a man, employable at a higher wage. And as the story goes, the kids and their mom should be able to continue with the lifestyle that they have grown used to. (No mention of what’s about to happen to dad’s lifestyle.) And while that language sounds okay, the execution of these documents are often brutal and pugilistic.

Here’s an abbreviated version of what my “deal” looks like.

29% of my take home pay will be paid to the ex-wife for the children’s care and feeding. That money is tax-free to her, since the taxes were taken out of my wages prior to the withholding. Wow, that’s a pretty good deal. Seems like it should be a deduction for me and the taxes should be taken out equally. But that’s not how it goes.

When you are considering divorce, as a man, consider the two most important issues as a parent: Time and Money.

And if you have or hope to have a high-paying job, that’s the mark you will use in the negotiations for the decree. In my case the rough number was set at 1,200. Okay. But wait, that’s not all. In most cases the dad is also responsible to pay for health insurance. Again, this might be more fair if it was split 50/50 but that’s not usually the way it’s done. Again, I think this was set up when dad had the big job, and this would prevent him from tanking that job and losing the good insurance as a way of punishing his now ex-wife. Either way, this additional obligation is tacked on to the sum of $650 – $1,100 depending on your plan, and depending on your employment status.

So, just to sum things up for you. At this very moment, since I am employed by a contractor who does not offer health insurance benefits. My monthly total in child support obligation is $2,300. Wow. That’s a chunk of change. It puts a significant squeeze on my opportunities for employment, since I have to make that before I can begin to think about rent, food, car insurance, phones, for myself. If you start every month with a $2,300 bill, that’s a real demotivational blow. It has felt insurmountable from time to time.

And when I lost my job, as a result of the tanking economy, the child support obligations or payments didn’t change. I could’ve hired an attorney and asked for a reduced child support payment, but I didn’t have the time or the money to do that. I was trying to figure out how I was going to keep my house. The house that I’d managed to buy, in spite of the large child support payment, when I landed a great new job, post divorce. Only the great job didn’t last. The startup changed their business model and eliminated my director-level position.

The killing blow, the unforgivable transgression that I’ve had to forgive, came when my ex-wife decided the proper course of action would be to turn my late support payments over to the AG’s office for “enforcement.” This one act of anger, has cost me and my family thousands of dollars and has actually gotten less money into my kids pockets. And the debt, as seen by the state, is a huge lien on my credit. This one act caused me to lose the house. And for one year, I actually had to live with my mom again. Fortunately, she and the kids and I had a humorous attitude about the whole thing.

“It’s better than living under a bridge,” my mom would joke. And she had a garage that we converted into a place for my bed. The kids each had rooms. So in my mom’s house, at least I was able to accommodate my weekends. By filing with the AG’s office, while I was trying to restructure my debt so I could keep the house, was the last act of anger and aggression that she could take. She took it. I lost everything.

From those ashes however, and even under the $2,300 monthly payment, and now a big fat lien on my credit, that prevented me from qualifying for a used car loan when my car was destroyed in a hail storm, despite all of that, I’m still surviving. I wouldn’t say thriving yet, but I’m getting by.

When you are considering divorce, as a man, consider the two most important issues as a parent.

  1. TIME: If you parented 50/50 and would like to continue to maintain your relationship with your children at the highest level, you should go to the court and ask for 50/50.
  2. MONEY: When you negotiate child support you can do two things very differently than I did. Ask for joint-custody. You can then be assured you will have equal rights if things ever get to the AG’s office. And make sure the amount you agree to in the decree, the amount that will determine your child support payments, is either conservative, or real. In my case the amount was set on historical data and on the hope of a promising job interview, that didn’t pan out.

Finally, if you’re going to agree to a cooperative divorce, make sure you add in a clause about NEVER INVOLVING THE ATTORNEY GENERAL’S OFFICE. EVER. My ex and I were in an argument about the timing of my child support payments and how I was planning on catching up, when I lost my job. She waited a few months. At this time she began to get very belligerent. She refused to meet with me in person about parenting or school issues. Her response to my email requests were simple “when can I expect my money.” That shut down all opportunities for co-parenting that summer.

Sincerely,

The Off Parent
@theoffparent

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This early negotiation breakdown is chronicled short summary.

The big AG breakdown in chronological order and how my life fell through the cracks.


The Humans Of Divorce, Dear AG’s Office Special Cases Officer Mr. McK!


off-j-humanDear Mr. McK******,

For your “humans of divorce” records. My account is still frozen this morning. Tomorrow it will be a week. Congratulations!

I did everything right and you still penalized me.

Even when you could see I was resetting my account with my new information and new job, you chose to freeze my account and take the money I had been loaned for COBRA insurance payments for my kids. Yes, I owe my ex-wife money. But disabling the earning non-custodial parent with your actions is really bad form. And it hurts the kids as well.

You are an angry and evil man, and you should not take that bitterness out on a good-guy dad doing the best he can. I hope you consider other options with the next optimistic and willing father who crosses your path.

Take care. Be easy on the good ones, we make your job easier and more rewarding. Slamming everyone down, like whack-a-mole is what gives your job description and your soul black marks in the future.

Respectfully,

J M**********

+++

He wasn’t there to work our case in for the benefit of the family, he was there to extract his pound of flesh.

I’m sure my message will not be received by Mr. McK at the Texas AG’s Office. He was a dick to me from the moment I got him on the phone. He had all the cards. But he also had the discretion to not harm me. He heard my case and judge-and-jury ruled in favor of the asshole in himself. My ex-wife was not hammering them for the money. We’re working on an agreement ourselves. This was 100% up to Mr. McK. And he chose to hit me, penalize me and make me borrow more money from friends and family to cover the insurance costs of my two children. If this was “in the best interest of the children” in any shape or form I’d like to know.

Of course, I’m sure he deals with assholes and true dead beat dads all the time. This was clearly not the case for me. But as cooperative as I was, showing him the COBRA bills, and asking for leniency, he struck his own plea bargain. I would get nothing. I owed my ex-wife money for all the months I was unemployed. And even as I was recently re-hired, and had just re-established the withholding payments on my new job,Mr. McK felt I needed to be taught a lesson, I suppose. So that’s what he did. He ignored my circumstances, he ignored my recent actions and willingness to pay and share in the process.

The AG’s Office gets a bad rap because they are heavy-handed jerks to everyone in their system. Even the good dads are getting hammered and harassed and abused for doing the best they can. This is not right.

Mr. McK should be ashamed of himself. So I sent him the above letter to show him the consequence of his ass-actions.

We are the humans of divorce, and we’re doing the best we can in spite of the AG’s oversight. Sure, my ex-wife never should’ve sent out files to be “enforced” by them, but that was two years ago. It’s a long way back to trust between us. But it means six more years with asshole Mr. McK on my case, or any others just like him. He wasn’t there to work our case in for the benefit of the family, he was there to extract his pound of flesh.

Sincerely,

The Off Parent
@theoffparent

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And Just As We Reach A Calm Moment

This morning was a rude awakening. I was in the process of depositing my paycheck from my new job… And…

paybills

Yes, I am a dad in debt, but I’m not a DEAD BEAT DAD.

So… No paying bills today.

Now the odd thing, the thing that really chapped my chaps is:

  • Last week I updated the AG’s office with my new employer.
  • Last week I gave them all the information they needed to garnish my wages.
  • Last week I negotiated a slightly lower “back owed” payment.
  • Last week I updated them with my new address.

And today, a week later, I get a freeze on my account. This is all the money I have. This is my lifeline. I cannot fill up my car with gas. (I’m at 1/4 of a tank.) I cannot buy groceries. (Though the kids are arriving tonight.) I can only pay for lunch at work if I have cash in my pocket. THIS IS NOT RIGHT.

Here’s what the AG’s “enforcement officer” for Special Cases said to me.

You have three options.

  1. You can do nothing and we’ll take all the money in the account.
  2. You can agree to let us take $2,000 (half the money) and unfreeze the account.
  3. You can contact an attorney and file a petition with the court about the amount we are taking.

I told him.

  • I have to pay $1050 per month in COBRA payments to cover my kids for August and September. That’s $2,100!
  • I was loaned this money to make those payments.
  • I also have rent to pay. And a car payment.
  • You can’t take so much money that I cannot pay for my kids insurance. And that’s what you’re doing.

He reiterated his position stated above. “You have three options, sir.”

“So,” I asked. “You’re not willing to negotiate with me?”

“I’m negotiating by not taking all the money.”

“Oh, thank you.” I said, angrily.

“I’m going to ignore that remark, because it sounds like you’re being sarcastic.”

“No, I’m not. You’re hearing me wrong. I’m upset. And I apologize.”

“Okay.”

“Okay.” Silence. “Is there anything else you need from me?”

“No, I’m just waiting for you.”

“Fine,” I said. “I want to make sure you got the information about my new employer, and that you sent the withholding order to them.”

“Yes sir, that went out August 3rd.”

“Then there’s nothing more I can do. Thank you SOOOO much.”

“You are welcome sir.”

It turns out, that the AGs office are not bullies. They are more like a collection agency. I’m sure they do have to deal with some pretty shady and angry people. I can only imagine. And while I tried my best to be civil, his position was inflexible. I could agree to his terms or not have any money to live on. No gas. No food. No insurance for my kids.

In all future engagements with the exy, when she wants some changes or flexibility, my new response is, “Where are you with the AG’s office situation?”

Until she’s willing to release me from the “enforcement” arm of the State of Texas, I’m not willing to negotiate anything. And that’s what the AG’s office does for us. It keeps me from being able to pay extra, or pay for additional things, because I won’t be credited on my “Official Account.”

Yes, I owe my ex-wife some money. (Approximately 1/3 of the amount shown above.) But when I have no job, I have no means of paying it. And the amount is due every single month, job or not, and continues to grow her “enforceable debt.” Yes, I am a dad in debt, but I’m not a DEAD BEAT DAD.

HERE IS THE LETTER I WROTE MR. McK at the Texas Attorney General’s Office.

Mr McK****,

Here is the signed document you requested.
I would like to note in my file, this money is my account was not INCOME. It was a loan so that I could pay my rent (SHELTER) and insurance for my children. I believe the $2,000 to be excessive, but I am not prepared to take legal action to reduce your request.
I have attached the COBRA payment stub so you can see the amount. I am required by law to pay for the insurance on my children. And I cannot make child support payments when I don’t have a job. I have ZERO savings. So it was frustrating, that the week AFTER I submitted the information on my NEW EMPLOYMENT, you freeze my checking account.
Is the AG’s office responsible for bounced check fees resulting from your actions?
Anyway, please consider a lower fee. Say $1,000. I would then be able to make both rent and my COBRA payments this month. I am not contesting the amount owed, and I’m not in disagreement with the process, but I am aware that you have some discretion on your part and the ability to make decisions regarding this one-time event.
Please consider my request. I am doing the best I can and am not hiding or refusing to pay in any way.
The signed letter is attached.
Thank You,
cobra

I include my COBRA statement to illustrate two things. 1. I am paying my kid’s insurance; 2. It’s really expensive when you don’t have employer-provided insurance. So my child support is 1,150 and my COBRA is 1,108. Giving me a whopping monthly debt of 2,258. Now that’s a lot of money. Before I get to pay for food, shelter, and anything fun…

Divorce is expensive. But the DAD should not be the BANK for everything. What would be equitable, is a fair payment that reflects BOTH of our incomes and some percentage of each. Each paycheck I contribute 25% of my income to my ex-wife and kids. It’s a big bite. And six more years of it, for my daughter, who’s 12, is a long time to be under the thumb of Mr. McK.

The old system that set up this draconian system believed two things: 1. Dad is the provider (money); 2. Mom is the nurturer (house and love). In our case this is what my ex-wife went for, because she knew she would prevail in court, if I protested. Today she’s willing to talk about a 50/50 schedule, because she’d like some relief from having most of the “school mornings.” However, as of last week, was unwilling to release me from the grips of the AG’s office. She seemed to think they offered her some assurance that I was going to pay. Um, dear ex-wife, I’ve never said anything about not paying you every cent you are owed. Ever.

I see we’re at an impasse.

UPDATE: Do you think Mr. McK was concerned about me suffering another day with ZERO DOLLARS? No, he was not. As of this morning (day 3) all of my money is frozen. Yeah, and how is this the BEST OPTION?

And guess who pays the $75 fee to initial the HOLD?

Screen Shot 2015-08-14 at 11.08.54 AM

And want to talk to some people who start out believing your an asshole? Call the bank to see how long the “hold” will last.

Screen Shot 2015-08-14 at 12.27.50 PM

“It’s a two day process sir. The minute that cashier’s check is mailed out the hold will be released.”

And being the person with no money, I ask, “And what’s the likelihood that this will not happen today, and I’ll be left without money over the weekend?”

“Once the check is mailed out, sir, the money will be released.”

“Oh, thank you, sooooo much.”

+++

What are the odds that I will have access to my money this weekend? Who cares? My ex? And the kids are with me… Oh fun times in big “D” land.

UPDATE: Monday morning, still frozen. The AG’s Office has their money, (that’s why it shows I have $2,000 less in my wildly overdrawn account) but my account is still locked. Tomorrow it will be a full week with no money. How is this humane or reasonable? I’m sure somewhere up there, this is my fault, but I don’t see it. It’s debilitating and humiliating.

off-d-frozenstill

Sincerely,

The Off Parent
@theoffparent

And so I wrote Mr. McK a letter: The Humans Of Divorce, Dear AG’s Office Special Cases Officer Mr. McK!

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