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

Posts tagged “cooperative divorce


Divorce Support: For the Children *and* the Parents

OFF-fighter

We need to dispense with the pleasantries right up front. (You are welcome to let me know how you feel about this in the comments. They’re always open.)

  • Divorce is an awful hardship for everyone in the fracturing family.
  • With two professional parents, the man is likely to make more money.
  • Two homes costs more than twice as much, for the person paying child support.
  • Child support is not an entitlement, even if the law and the benefactor might see it this way.
  • The financial bindings of the family exist long past 18-years-of-age.
  • Both parent deserve food, clothing, and shelter.
  • When adversity strikes, both parents are affected.
  • 50/50 parenting after divorce is not the norm.
  • If your former partner struggles for a few years after divorce, with emotional issues, financial issues, etc. this is an opportunity for continued compassion, not legal action.
  • Some fathers will be assholes and try to get out of paying child support or (in the case of 50/50 custody) their fair share of the expenses.
  • 50/50 custody and a 50/50 financial split actually keeps the father closer to the family.
  • If you married and parented 50/50, regardless of how you feel about the divorce, regardless of which side you were on (stay married or leave), you should work together towards a 50/50 divorce.

You can’t ask for primary custody and then start complaining about having too many parenting responsibilities. Well, you can, but the argument says more for 50/50 custody than it does for your obvious hardship. Of course, you complained during our marriage that I didn’t do enough. Didn’t pay the bills right, didn’t mow the lawn enough, didn’t put the dishes in the dishwasher every night before heading to bed.

So we’re divorced. And in the eyes of the law you are the custodial parent. It’s what you wanted. I’m sure you had your reasons, I’m sure you could’ve told the judge, with a straight face, how you do all the parenting. But you know it’s not true. Not even close.

She didn’t care about me or my house. She wanted the money. She was entitled to it. Obviously. It was right there in writing.

Let’s say you get married and both of you work. In the negotiations for how kids will be possible you both decide that the mom will work significantly less, so that the kids have their mom with them at all times. As they enter school, perhaps you will start back to work, so we can share that load again. And we may decide that you will still meet the bus at 3:00 every weekday, but it’s a privilege not a chore. It’s a benefit not a burden.

So when the grand consul de divorce asks, “So how do you share the parenting duties now?” You can answer, I’m the primary care giver. And I know you honestly believed it. Well, okay, maybe a tad of it was vindictive and defensive. I mean, you had to say that to even begin the discussions at anything other than 50/50 custody. How old school.

Falling back on the line, “It’s what she will get if you go to court,” I was handed the options. Non-custodial parent, SPO (standard possession order), and a hefty child support payment.

But wait… Didn’t we agree to the parenting arrangements? And now it’s being used against me? Didn’t we agree to a cooperative divorce? How is this cooperative, when you come out of the gate asking for well-over half?

If I had really gone the cooperative route, I would’ve hired an attorney right at the beginning as well. She did. Instead I put my faith in the counselor, and in the good will of the mother of my children. I was wrong, or misguided, on both counts.

Here’s the situation. When the court awards custodial and noncustodial roles, a nice child support formula kicks in. That’s how the state likes it. Somebody is going to pay. And in your decree, if you are as lucky as I am, you will have a document that even allows the court to garnish your wages first, before your take-home pay. The message is this. You cannot be trusted to pay in a timely manner. And even if you are having financial difficulties, the child support payments come first.

At least my kids have rooms to sleep in when it’s my time. But did she think of the consequences of taking legal action against me?

I don’t argue that my kids deserve the full benefit of both of our salaries. But when I lost one of my primary clients, and was about to slip into a late-payment status, my ex-wife pushed everything into the Attorney General’s office. Putting my livelihood at risk and preventing me from taking any measures to save my house. She didn’t care about me or my house. She wanted the money. She was entitled to it. Obviously. It was right there in writing. I signed the decree. What was I arguing about.

I wasn’t arguing. I was pleading. “Please don’t do this. I am not trying to hide any money. I am looking to replace the client. I am looking for a job, to leave the consulting practice I had built over the  last four years. Just hold off. There is no need to bring the state’s lawyers into this.”

Here filing our case with the AG’s office was akin to her shouting “Fuck You.” Of course, that’s my opinion. And, of course, she is entitled to her money. That’s the law.

But what is the law of human dignity? What does compassion for your co-parent mean? What does co-parenting even mean, when one of the parents has a loaded gun pointed at your head? At this very moment, my attorney tells me, the AG’s office could have my ass thrown in jail for failure to pay child support. A criminal? How cooperative is that?

As we moved closer to AG day, I was asking my ex-wife to understand my situation. “Don’t you think a father also deserves a place to live, and the electricity and cell phone service to continue gainful employment?” She answered, “I don’t know what you want me to answer to that.”

Um… What I wanted her to do was not file suit against me with the State of Texas and turn me into a deadbeat dad. What I wanted was to keep the house I had fought so hard to buy and afford, just barely scraping by, even in the good times. What I wanted was a tiny bit of compassion. “Just pause for a second and think about what you’re doing. Do you think it’s going to help the situation by filing suit against me? Do you think that will make me work harder, or look for a job harder?”

No answer.

I’m not sure what her motivation was at sending me pictures of HER with the kids. Maybe it’s motivation to get a job and get back into the swing of paying for her vacations with the kids.

And she filed. And now I’m a deadbeat dad. I’m lucky. My mom (yep, 51 and living with mom) had some spare rooms in her house. At least my kids have rooms to sleep in when it’s my time. But did she think of the consequences of taking legal action against me? Did she imagine how that might damage my credit? Might take my house out from under me? That it might even show up in my background checks as I’m looking so desperately for those full-time jobs that would afford me both a place to live and her child support checks?

I don’t know what she was thinking. I don’t really know what she thinks today. She’s still hoppin mad about something. The money. My 50/50 effort in getting the kids to doctor’s appointments, after school activities, etc. She’s just mad. But she’s been mad at me for years. At least one full year before she divorced me. So she’s gonna be mad. That’s a fact of life. I hope she gets better. But I can’t count on that.

I’ve had fantastic interviews all summer long. Five of them turned into final-round negotiations. And I still haven’t gotten the offer. Hmm. I’m not sure what’s in that background check. I’m hoping that her AG action did not put a “do not hire” mark in my file. But I guess I won’t know.

Anyway, it’s a long road back to having a BIG CORP job and a happy home. Even getting back into a house, now is going to be a long way off. She took… Wait, it was my fault. I should’ve done better. It’s a long way back. And I’m not sure she would’ve fired off the final “Press Charges” missile had she known her actions would damage my ability to pay her the money she was demanding.

It’s all okay. We’re going to make it. All of us. Her too. She sent pictures tonight of her and the kids at the beach. (That was our family vacation.) I’m not sure what her motivation was at sending me pictures of HER with the kids. Maybe it’s motivation to get a job and get back into the swing of paying for her vacations with the kids. (Sorry, that was bitter and sarcastic.) I’m sure she was just sending me happy pictures along with her happy thoughts of me getting that next big job. I think that’s what she wanted all along. Maybe that was even the unconscious reason she divorced me. (see: please stay gone < poem)

Onward and upward. I’ve been asked to a full-day interview next week with a company I’m very excited about. This is my fourth full-day interview this summer. How do I get a look at that “background” file? (grin)

Sincerely,

The Off Parent
@theoffparent

this post recast in a poem: please stay gone

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Terms of My Surrender: Our Divorce Papers

OFF-freefall

Under the terms of my surrender, I gave up a good portion of my time with my kids. I was under the impression that this was the path that “was best for the kids.” In fact, it was the path that was best for my ex-wife, the person in the marriage who decided she wanted out. So wait, under the terms of my surrender I am giving her the kids, the house, and a good stipend of my income for the next 11 years? Just a minute, I need to reconsider.

I’m defeated a bit at the moment. But I’ll get back up, I always do.

Of course, reconsideration was not an option. When one person decides they are done, the marriage is done. Sure, you could counsel or work things out, for a bit, but once the door has been smashed open, their exit is always a possibility. And now a threat. And in the case of divorce, just a matter of fact, please sign on the dotted line and be done with this business.

Wait.

We chose an uncontested divorce. I stubbornly agreed to her request for a divorce, because fighting would be expensive, might damage our children, and would echo the hurt still in my young-boy mind from my parents brutal divorce struggle. So I went with the path of least resistance, I bowed my head at the correct time, and allowed the head of my shining promise to be sliced off with little drama or prior bloodshed. That’s the way it was supposed to be, right? That’s what we were after.

But something along the way was not quite explained to me until a few months ago. I was on a date with a woman who had just given up primary custody, she was saying how much better her ex had become once he had to actually do 50% of the parenting rather than complaining about a check and doing nothing. I remember distinctly my reaction, “Wait, what? He doesn’t pay you any child support?”

So if I get this straight, my high-priced divorce counsellor who advised me to just take the deal and get on with the divorce, forgot to mention that the non-custodial parent (man or woman) was the one who pays child support. And why didn’t she listen or fight for my request to go for 50/50? Why didn’t she support the discussion about 50/50 parenting? She didn’t. Why didn’t she?

I guess I ultimately need to ask her. But in reconnecting with my attorney (the one who I contacted re: my wife’s new-found righteousness on turning me over to the Attorney General’s office) he said this.

I wish our counselor would’ve supported both of our requests with the same integrity. I wish my 50/50 parenting plans and 50/50 schedules had been taken seriously while negotiating our peace treaty.

“In 2010 when you guys divorced, she was probably right. Your wife would’ve probably gotten exactly what she wanted. Not that you couldn’t have gone for 50/50.” And he continued, “But today, things are a little different. Even in Texas. The judges today are listening when the parents want 50/50 custody. And more often than not, my dad clients are getting it, if they fight for it.”

Well, that is good news for today’s dads. Not so good for yesterday’s dads, or me.

What are my options today. Reopen the fight, go prove I’m a worthy dad, and ask the judges and the court to readjust my kids custody to 50/50. Is that what I want?

Here are the potential consequences:

  • It will cost us both a lot of money. Money that we tried not to spend in divorce, by consulting a wonderful Ph.D divorce counsellor.
  • It might damage my wife’s ability to continue to afford the house we bought together.
  • My kids might get the impression I am fighting their mom, or saying she’s doing something wrong.
  • It will cause drama and hardship on all sides.

Here are the benefits of doing it:

  • The $150,000+ would still be going to my kids.
  • I would be able to afford housing and perhaps not be forced to work two jobs or give my life back up to the big corporate job.
  • We could parent 50/50 just like we are doing now, but I would also be able to help with some of the clothes and supplies shopping.
  • My kids will know that I wanted them 50/50 from the beginning and was asked to take less.

As of this writing I don’t have the money to pursue the court’s resolution of my 50/50 desires. I wish our counselor would’ve supported both of our requests with the same integrity. I wish my 50/50 parenting plans and 50/50 schedules had been taken seriously while we were negotiating our peace treaty. They were not. I was given the patronizing approval, “that’s nice” but “that’s not how it’s going to work out.” And then I was told to accept what’s “in the best interest of the children.”

Bullshit.

I was sold a bill of goods by my then-wife, who had been consulting with her attorney, and our counselor who was found and selected by my wife. And then I was asked to sign the Terms of Surrender without being given the full story of custody and child support. My bad. I should have paid for my own attorney at this point, rather than stumble along blindly with the hope of good will, good intentions, and honesty.

I got none of the above. What I got was a temporary peace treaty that lasted until I was late on my second child support payment to my ex-wife. Then the courts of the great state of Texas were warmed up against me. And today, according to my attorney, I could be arrested at any time, by the AG’s office. That is certainly part of the Terms of Surrender that I signed, but it’s not in line with the honest and caring approach we took to setting up our peaceful retreat from the marriage.

I’m defeated a bit at the moment. But I’ll get back up, I always do.

Sincerely,

The Off Parent
@theoffparent

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Deadbeat Dad Doesn’t Strike Back

OFF-dadtravels

This is not a particularly interesting story. It’s more common than we can imagine. And it’s carried out with swift precision and support of the courts and counselors across the country. Women get the kids, men get the bills, and that’s the beginning of the trouble for the single parents. In my state, Texas, 80% of decrees give custody to the mother with the dad getting non-custodial rights and often a hefty child support payment.

I admit, I was depressed and hurting when I was “negotiating” my parenting plan and thus my divorce from the mother of my children. Right in the middle of the negotiations the counselor rightly slowed the process, as I was more and more aware that I did not want a divorce. But a divorce is what my then-wife wanted. And I learned, pretty clearly, that you cannot continue a marriage when only one partner is IN.

Okay, so the story goes along then in common fashion. Dad leaves the house moves in with family until he can get reoriented and settled in his new role. Except there’s one huge new problem. Not only does he have to look for a new home but he’s got a new debt that decreases his opportunities for re-housing. I could forget about moving back into the neighborhood my kids were growing up in. And I agreed to let my ex keep the house “for the kids.” And while that was the right decision, it did not take into account “where Dad would go.”  I was sort of on my own.

It sure stripped away all my pretense of success. I have failed. I have fallen from the “owner’s” status to “living with my mom” and “deadbeat dad” all in the course of a few months.

Okay, so I struggled with the sadness, the loss of my marriage and closest ally. And the loss of my full-time access to my kids. And the list goes on and on: the loss of my house (which we had proudly purchased on money I had gotten before my marriage); the loss of the pets (I didn’t have a place to keep them); the loss of the neighborhood and community (tennis club, pool, neighborhood friends for my kids). And essentially for about 9 months I was homeless. I was living with my sister, but had zero privacy and very few of my material possessions. They were in the garage of my old house.

The only way out of the situation for me, was to find the next BIG JOB. There was no room for self-employment or consulting if I was going to ever be able to get back into a house. And something about apartment living didn’t resonate with me or my idea of who I had become nearing my 48th year as a man.

Finally, the call came, the big job started and I went looking for a place to live. I was lucky. I had not let enough time lapse between my last big job and my new big job to damage my credit or earning power. I was able to qualify and buy a much more modest house in a nearby neighborhood. And I was happy for a bit.

Six months into the new job, the company restructured and eliminated the entire service offering I had been marketing. And with one week’s severance and no notice I was out. And guess what? I still had my mortgage and my child support payments to cover. And then I was sad for a bit, with this new challenge of faith and ability and willingness to pack in my aspirations and just take whatever job came along.

But the remarkable happened. I didn’t find the next big job. I worked my ass off, sending in resumes, networking, social media-ing (this is what I do for a living) and looking for work. And while I got some contracts and some consulting gigs I have still not been able to replace the BIG JOB income that would allow me to pay my child support AND have a place to live.

The DEAL I got, the deal that was sold to me by our impartial divorce counselor was the non-custodial parent, who sees his kids less and pays for a good deal of their expenses.

And this is the situation with a lot of single dads who were given the same deal I got. And a lot of this I covered in my last post (Love, War, Divorce) but the thing that became apparent, when I was reading the comments on my UNFAIR post, was… This is not right.

The assumption that the non-custodial dad will bear the lion’s share of the expenses after the divorce, is simply not equitable. It’s the law. But it’s not fair. And in our case, my ex-wife got a full-time job (her first since we had gotten married) in order to divorce me, and has been able to keep mostly employed this entire time. What a blessing. And with the child support she has been able to keep the nice house in the nice neighborhood. And that’s what I want for my kids too.

The hard part is, I’m burdened by an additional $1,500 per month, even before I get to think about where I can afford to live. With 50/50 parenting it might have been more difficult for her, and thus we are stuck with a dilemma. I want what’s best for my kids over and above even my own needs or living quarters. But I do need to live somewhere. I do need to make enough money to provide food, shelter, and entertainment for my kids when they are with me. Right? It’s hard either way. Two homes is obviously more expensive than one. Where can we find the balance? Sure, I can make more and more money. And today that’s my only option.

But the real issue is, my ex-wife and I are still in this financial boat together. So when she got frustrated with my fluctuating income, and my two months of late payments of “her child support” she filed the whole issue with the Attorney General’s Office, basically threatening me with a lawsuit and (horror of horrors) completely damning my credit rating.

So wait, now I’m a deadbeat dad? In what way was I trying to skip out on my child support? Is it fair for me to have shelter as well? Is there any consideration about where Dad will live with the kids when he has them?

The DEAL I got, the deal that was sold to me by our impartial divorce counselor was the non-custodial parent, who sees his kids less and pays for a good deal of their expenses.

Okay, so I hear the women in the audience groan with each retelling of this story. And the comments on earlier posts bear this out. Women don’t want to hear how hard it is for a man to get by after divorce when his living expenses just doubled. They tell me how hard it is to be a single parent with the majority of the family duties, and very little money to do it all. But wait, that’s the DEAL they got, right? The got the TIME with the kids. So don’t complain to me about how hard that is. I was asking to do it 50/50 just like we discussed our parenting when we were imagining our first child.

I’m a 50/50 dad, but I was sold the non-custodial parent role by a system that favors mom’s in this situation about 80% of the time. And I did not want to FIGHT my ex, I was trying to fulfill a cooperative divorce agreement. We were trying to be non-confrontational. And so I got the bill and she got the kids.

This is the summer of my discontent, and something will give. And then I will give my ex-wife the money to continue in the lifestyle my kids grew up in, even though I cannot afford to live it with them.

I don’t know what the right answer is, but 50/50 is where we should’ve started. I should not have had to fight with our well-paid counselor about how 50/50 parenting might make sense for us. And I don’t know what I’m going to do now.

The rest of the story: I lost my house. I tried to file for bankruptcy just to keep the house, and my ex-wife’s AG filing prevented that from working. And I offered to give her a secured loan agreement if she would allow me to move forward, and she threw up her hands and said, “The AG’s Office has said I cannot talk to you about money.”

Fuck. That just about put me in a bind I couldn’t get out of. But I have family here. And my family came and helped me fix up my house and sell it, for a gain. And I moved into a garage apartment on my Mom’s house. Fuck again.

As we liked to joke, “It’s better than being under the bridge.”

Yes, it is better than being under the bridge. Or throwing myself off the bridge in a fit of masculine depressive acting out.

It sure stripped away all my pretense of success. I have failed. I have fallen from the “owner’s” status to “living with my mom” and “deadbeat dad” all in the course of a few months. And this is not how it should’ve gone, nor did it need to go this way. While we are in this together, the money is another issue all together.

Fortunately, my ex-wife and I have agreed to keep the money matters out of our parenting matters. But I fear this issue is about to come to a head, before the kids return to school in the fall. And I’m not sure what my options are. I have had THREE BIG JOBS within spitting distance of an offer and all of them went to someone else. And that’s the way it goes. And I’m even looking to go back to my old BIG CORPORATE GIG where I gained 15 pounds from the grind and stress of the place.

At this point I will do anything necessary to restart my life. I am willing to pay her what she is owed, and not contest the amount, even though it is $20,000 over what she would’ve gotten had it been tied to my actual earnings over this time. But I’m in a catch 22. A: I have to find the next BIG JOB to support her payments and have a half-way descent place to live and B: I could fight for 50/50 custody and not have to pay her any additional child support payments, but then that hurts my kids as she would be pressed even harder to keep their childhood home.

Of course I lost that home a long time ago. And now I’ve lost my do-over home. And I don’t have a home. But again that’s not the point, that’s whining. My actions are what matter. I’ve got more job interviews this week, and a call back from the BIG CORP for next week. This is the summer of my discontent, and something will give. And then I will give my ex-wife the money to continue in the lifestyle my kids grew up in, even though I cannot afford to live it with them.

And I seem to be complaining, but I don’t feel defeated. I’ve had a major setback. And there were lots of factors at play. And not unlike my divorce, I didn’t get what I wanted out of the deal. But everyday I have a chance to make a new deal, set a new plan in motion, get back on the road to recovery. I’m happy I have this insight, because things have been pretty damn hard.

Thanks for listening. Keep coming back, it works if you work it. (12-step rejoinder after a hard sharing)

Sincerely,

The Off Parent
@theoffparent

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