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

Posts tagged “custody issues

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

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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.

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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

back to Single Parenting

This early negotiation breakdown is chronicled short summary.

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


Giving the Blunt Mom Her Due

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Written in reaction, not response, to some damn fine writin, over there at Blunt Moms. Yep. I love’m.

And I wouldn’t have my woman/partner any other way. If you are sweeping stuff under the rug and not letting the kettle boil over once in a while, you’re probably not doing anyone a favor. Perhaps in my last marriage, my emotionally unavailable wife was not expressing her angst and anger until it started coming out uncontrollably in random “fuck yous” and other sideways outbursts.

In the past, I have admitted to my daughter that I can be an asshole. That I am less than perfect, as a mom, and that I have a lot to apologize and feel guilty for.

Today is not that day.

Today is not that day. Today is not a day for apologies, but for expressing the fucked-up-ness that is my ex-wife today. She’s not just exclaiming random fuck yous in the form of her continued assessment that the AG’s office being attached like a pit bull to my ass, is a good thing. She even says things like this:

Unless your experience of the AG is different from what everyone I’ve talked with there tells me (and maybe it is – the AG has f’d up parts for sure), the reason you’ve had to suffer the ugly end of their enforcement isn’t because we’re in the AG system, but rather is because you at first did not respond to their several non-enforcement-level attempts to get you in the system…

Really? “everyone I’ve talked with there…” She’s using the staff of the AG’s office as a validation for her continued request for “enforcement.” SRSLY? This was her opening expression of GOALS yesterday.

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How quaint. Keeping the hobble on your ex-husband horse is a good idea. Because…

Dad’s who are behind on their child support are the enemy of the state and debtors no matter the circumstances. We are defaulting on our obligation.

She says in her mind that the AG’s office is the only reason she’s gotten paid in the last 18 months. And I try to remind her of the sequence of events that were set in motion by her AG action… But this isn’t a conversation we ever have. She’s got the law, the decree, and the self-righteousness to see the debt as an entitlement. And I suppose she’s right. Sure. And I’m good for it. When I have the money.

And it’s funny, these conversations always seem to come out when I’m doing well. She sees my new job and thinks, “Okay, now’s the time to get caught up, apply a bit more pressure, send some crappy “positive sounding” emails.

WAIT!

Perhaps my perspective is off. She is the Saint Mom. She’s the one fighting the good fight for our kids. As she sees it, the AG’s office is insurance that I’m not going to what… skip town?

It is true that there are dead beat dads and high-conflict divorces, but ours is neither. And in all her talking about “doing what’s right for the kids” makes me a bit sick. She has no concept that forcing the father of her children out of his house was a bad idea. She gives not one fuck that the AG’s lien on my credit prevents me from getting a used car loan of any kind. Or that several of my high-paying gig quests were ended at the “background – credit check” stage of the negotiations.

In her “saintly mind” the AG’s office is her new champion. And I’m merely the lazy, irresponsible, and dead beat horse that is not performing up to speed. I suppose if glue were a possibility that could pay back my debt to her, that would be okay. Well, except for the fact that the longer I live, the more money she can expect from me.

Again, I know I’m going about this all wrong. It’s not HER money. It’s money for the “the care and maintenance of the children.” Yes, that’s true. And if I felt the kids were missing out on some things because of it… Wait. Again, I’m having epiphany after epiphany here. My kids ARE missing out on many things. But the most egregious of those things is the loss of time they get to spend with their dad.

We were a 50/50 household. We entered into a cooperative divorce negotiation. And somewhere along the way I was given more like a 70/30 divorce. That’s what the real numbers work out to in the Standard Possession Order and the Non-Custodial parent. And give the old AG’s office a call, you’ll be amazed how they segment the calls off by that distinction.

The gun you keep firing at me is causing a lot of collateral damage. And you’re “saintly” aggression is also preventing you from letting go of your anger and righteousness.

“If you’re the custodial parent press one.” I’m guessing this is more like a service and support call. “How can we help you?”

“If you’re the non-custodial parent press two.” This is more like a collections agency. Dads who are behind on their child support are the enemy of the state and debtors no matter the circumstances. We are defaulting on our obligation. Even if we are attempting to be transparent about everything.

Dear Ex Wife, a portion of my income, every single cent I earn, is owed to my kids. This is true. With our two kids it works out to about 25%. That’s fine. But when I have no income, those promissory notes continue to pile up. And when you strike me down with your actions, guess what happens? More loss of income. More promissory notes. More “dead beat dad” letters from your pals at the AG’s office. So, keep your narcissistic view of the world wrapped in

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Yeah, the old trope is looking a bit worn from here, my dear ex-wife.

I can tell you what I think that is, but you’re not listening. And maybe that’s the root of the problem after all. We stopped listening to each other at some point. I stopped hearing your complaints and “fuck yous” and you stopped hearing my “here’s an idea” solutions. And maybe, the cards were set against us in the long run. “Just two very different people,” you might say.

But I think it’s a bit more fundamental than that. You got what you wanted. A house. A couple kids. And when I failed to perform up to your expected (maybe psychologically required) expectations financially, and you realized, as the kids were becoming more independent that you’d have to go get a real job too. It was a nice run, when we could swing it, but we always agreed that WE would support the family.

I suppose now we are getting that chance. But your continued reliance on the AG’s office is an affront that hurts all of us. The gun you keep firing at me is causing a lot of collateral damage. And you’re “saintly” aggression is also preventing you from letting go of your anger and righteousness.

If we are two parents trying to do “what’s best for the kids” then we’d cooperate again. You’d have to let go of the state’s attorneys, but in return you might get back the healthy horse/dad who can share the wealth when the good times come.

I’m expecting you’re going to stay with the Goddamn Saint role. And I get it. You’ve done a kick ass job being a mom in this last six years. But you’ve completely sucked as a human being and compassionate co-parent.

Sincerely,

The Off Parent
@theoffparent

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related posts:

reference: Mommy is a Goddamn Saint – Blunt Moms

image: ave maria, creative commons usage