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Deadbeat Dad Doesn’t Strike Back

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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references:

How Can I Argue for Joint Custody – DadsDivorce.com
The Problem with Child Support Laws in Texas – Fathers for Equal Rights
Child Custody – Facing the Statistics – Benkelaw

related posts:

image: veronica lake and joel mcrea — sullivan’s travels , robert huffstutter, creative commons usage

June 24, 2014 | Categories: anger, d3, dad, depression, divorce, kids, money, single parenting | Tags: about responsible separation, child support, child support burden, child support enforcement, cooperative divorce, dad's in divorce, dead beat dad, divorce court, divorced dads, fair divorce, men's rights, money and divorce, non-custodial parent, positive divorce, sadness and the SPO | Leave A Comment »

Love, War, Divorce: Why I’m Not Fighting My Ex-Wife About Custody

[This post is a continuation of a discussion started here: Divorce is Not About What’s Fair, Let’s Get That Straight]

My dad was fighting my mom in their divorce. And he was fighting to win. I’m not sure it was all about me, but that’s what the courts were involved in. My dad was going for blood. He wanted my mom to have very little of his ample estate, and he wanted me, the only minor in the family at the time. And in those days, in that circumstance, I am grateful that my dad did not WIN. I am grateful that laws and judges were in place, to protect my mom and me from my dad’s wrath. He was angry, bitter, and vindictive.

When he married his new wife, my only step-mom, before his divorce was even final, I’m sure the consequences could’ve been dire, had my mom had the money or resources to fight back. But she simply wanted out. And she wanted a way to provide shelter and food for her sole remaining minor child.

I am grateful to my ex-wife for having the job, so far, while I have struggled to find full-time work while continuing to do my best as a consultant while I’m looking.

In those days, the courts started with the assumption that the kids belonged with the mom and that the dad would provide for their maintenance and health, in accordance with the lifestyle they had become accustomed to. In my dad’s case, that was a pretty fancy lifestyle. And I think he was most angry about the money. Sure, he fought for me, but it was mainly to get back at my mom. (Of course this is all mythology by now, what really happened is up to interpretation.)

And yet my father fought and lost. It was not such a huge loss for him financially. ($500 a month in payments until I was 18.) And it wasn’t really about losing me either. I think my father’s anger and war was waged because of his hurt pride, his sadness, and his own depression around his failed marriage and how he had ultimately turned to alcohol as his mistress.

Today, I am guessing many of the divorce battles are similar. If you are in a contested divorce, you need to gear up for war. And if you spend any time on the web discussing divorce, it’s not long before the very sad stories emerge about how warring parents try to damage and hurt each other. This is a fact. I do not contest that there are really messy divorces and often they are driven by really angry men, who are madder than hell about having to pay the money to their damn ex-wives, who seem to be living in the continuing lap of luxury. I get that.

That is not how my divorce to the mother of my children went.

Divorce sucks. It’s expensive. It’s painful to all parties. And I would do anything to make things easier on my kids, and thus, my ex-wife.

And still, as I was negotiating, in good faith, with my soon-to-be-ex and a highly paid divorce counselor, I was fed the non-custodial and paying father option as if it was a given. And the real sore spot was, it was being presented as “what’s best for the children.” And the earliest disagreements in our split-counselling sessions were about who was the fittest or most “responsible” parent.

Again, these are heated moments. Emotional and hard to navigate without feeling attacked. And the counselor did a good job of helping us talk. And then she advised me to take the deal.

What?

“In the best interest of the children” was used a lot.

And I bucked for awhile. I brought in examples from books I was reading. I made a sample 50/50 calendar for consideration. And somehow, it was like I was not part of the deal. And when I confronted the counselor she was quick to point out, “if you went to court… blah blah blah.”

Of course that was the reality. But that wasn’t the reality of our parenting roles, nor the reality of what was best for the children. It’s hard to describe this without coming across as vindictive or angry. I’m not. But I’m concerned that most men are put in the same position. And in our case, we were negotiating a cooperative divorce, uncontested, and with both of us willing to forgo lawyers and fights. AND in this case, I was still given the “deal” of the non-custodial dad who pays a hefty child-support payment, regardless of my employment status.

And I agreed to the deal. What could I do? Fight our counselor and my wife? And then head for court and fight again? I’m guessing this is the situation facing many dads who are wanting to do the right thing. And we get screwed for being the nice dad. Did I have to start with war to get a fair deal?

Now, four years into the divorced parent role, the child support payments have become a battering ram. If you know anything about the economy, you know that many folks are having a hard time finding a job, much less a job at their previous splendor. And I’d have to say I am grateful to my ex-wife for having the job, so far, while I have struggled to find full-time work while continuing to do my best as a consultant while I’m looking.

And there was no need for her to file against me and go to the Attorney General’s office to enforce the payments. THERE WAS NO NEED TO INVOLVE THE COURTS. But she did. Even while she’s had the good job, and she’s had the house and equity in the house, and she’s got the children a lot more than I do. It’s been hard.

Again, I’m not bitter, and I’m not trying to sue her to change the “deal” we made.

As a nice dad, I am working to find work at my old income level, a level that would allow me to support her and at least have an apartment of my own. As it turns out, I was forced to sell my divorce recovery home, due to some of the shenanigans of my ex-wife and her pursuit of the money. Even though the money was never at risk or even being contested.

I do get that she has bills, just like I do. And I do understand that the money for food, clothing, shelter, and health insurance are requirements for any parent to provide to their kids. And I do get that she’s been the “more responsible” one in being able to stay employed at this wildly competitive time. I bless her daily for her efforts in this.

And yet, I cannot earn enough to have a house? Where is dad supposed to live?

Divorce sucks. It’s expensive. It’s painful to all parties. And I would do anything to make things easier on my kids, and thus, my ex-wife. And this is why, I am NOT fighting for 50/50 custody. This is why I hired a lawyer only to protect my credit and did not take any action to change my child support payments, even though my earnings have been much less than our projected agreement.

But what are my options? Earn more money. Give up a healthy job and balanced lifestyle and return to the big corporate job? Or file for joint custody and let her fend for herself in the housing and credit markets just as I have for 4 years?

It’s not fair, it never was supposed to be fair. But we were supposed to be negotiating in good faith for what was “in the best interest of the children.” And today, in many cases, this is simply: mom gets the kids, dad pays. It’s the same starting point that my dad fought against as an angry and vindictive ex.

We need to rethink what’s in the best interest of the children. If it’s not staying together and working on the marriage, then it might not be an assumed financial stipend for the mom who just wants out. The greener grass has a history of child support payments to help pave the escape path and provide the ladder over the fence.

Sincerely,

The Off Parent
@theoffparent

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June 23, 2014 | Categories: anger, d3, divorce, hardstuff, kids, money, single parenting | Tags: a place for me to live, child support, dad's survival, divorce is not fair, divorce law, fair divorce, fair in love and war, fighting divorce, for the children, for the kids, how is this fair?, in the best interest of the kids, positive divorce, spo, standard possession order, the attorney general's office, the state of texas, what about dad's home? | 3 Comments »

Divorce is Not About What’s Fair, Let’s Get That Straight

Let’s get something straight right off the bat. Divorce is not about being fair. It’s about following the law, and hopefully, doing what’s “in the best interest of the children.” But that’s not really the intent of the law either. The laws surrounding divorce and custody in Texas are in place to streamline the average divorce, and provide the mother with some support once the father is gone. Staying in a bad marriage just because of the money is a bad idea. But again, that doesn’t mean the law is fair.

Early on, when we I was finally convinced that divorce was the only option, I agreed to seeing a counselor who would help us build the perfect parenting plan for our kids. The idea was, that in cooperation, we could lessen the impact on the kids, be civil to each other in a difficult process, and go through the process of divorce as simply as possible. We were “kids first” in our approach to splitting up. All that was good.

Building the parenting plan, and the agreements we would abide by as parents was the most important part of the divorce for both of us. And the “impartial” therapist was there to help us work it out. So we paid a lot of money to her, rather than lawyers, to advise us in setting our kids up for success in the post-family world.

And then, somewhere along the way, during the process this statement came out of our counselor’s mouth.

“This is what the mom would get if this went to court. So we can start here.”

I had been heading towards 50/50 parenting or bust. I had made my case for how much care I had provided in the past, and how much care I was willing to provide as a single dad. Still the words from the therapist’s mouth were hard to swallow. She was saying, if we went to court, my ex-wife would get primary custody and the SPO, as they always did. Oh, and, “this is what’s in the best interest of the children.”

What?

I didn’t really know what all that meant, but I trusted the counselor and listened to her. It was not fair. But that’s what my ex would get if I fought her in the courts. I was confused, that’s why we were paying her all the money, because we were not going to go to court. We were using her to avoid court, and to come to an equitable arrangement as civil adults and caring parents, without fighting about it.

We were meeting weekly with her to determine what was best for our children in our case, not to abide by what the State of Texas generally did in the case of divorce. I was pissed, but I didn’t really have much support for my view. I had bought a few books about cooperative parenting, and suggested a 50/50 schedule that was recommended in one of them. This was the offer that was being shut down by our cooperative therapist with the approval and appreciation of my soon-to-be ex-wife.

Here’s what I am slowly learning.

85% of divorces in Texas end up with the mom as the primary custodian. Dad’s are considered non-custodial parents as a default.
And most of those dads are then given the SPO, as what’s “in the best interest of the kids.” The SPO (Standard Possession Order) is the governing calendar for your time with your kids.
The SPO is not near 50/50, and the “month” in the summer is a joke to offset some of the inequity. But show me a dad who can take a month off in the summer to make up for time lost with his kids, and … Well, it’s just not realistic.
With the non-custodial role comes a big fine. In Texas someone is going to pay. And the non-custodial parent is saddled with a set fee, based on estimated income, that is defined by the state and enforced by the state. If you’re the non-custodial parent get ready to pay.

While 50/50 parenting is not uncommon, it is not the norm. And if that’s what you want (as I did) you should fight for it. In our case, I should not have had to FIGHT for it, that was why we were mediating and paying a counselor to help us determine what was best for our kids. What we got was a good parenting plan, with “if you go to court this is what she’s going to get.”

So using some abstract numbers for a second, let’s see what that non-custodial assumed fee (called child support) looks like.

Let’s say you have two kids. And for simplicity’s sake let’s say your mortgage on your house together is $2,000. When you divorce, you’re going to 1. give her the house for “the kids;” 2. pay her a monthly support fee for “the kids;” 3. pay for the kids health insurance; and then, if you can afford it, 4. figure out how to put a roof over your head too.

So let’s see. If together we were paying $2,000 for our house. And separate she’s going to pay $2,000 for the same house. But I’m then going to pay her $1,000 for child support, and $500 for health care for the kids, then in theory she’s paying $1,000 for the house, and if I can find a 3-bed-room apartment nearby for $2,000, then I’m paying $3,000 plus $500 just for living expenses. I mean, I do what what’s best for my kids, and I do want them to be able to keep the house, but…

What about me? Well, that’s where the fairness ends. Because if I can’t make the full payment, at any time, my ex can file against me at the Attorney General’s office and wreak all kinds of havoc on my credit and career. So to start, I’ve got to make $3,500 a month before I get to think about electricity, food, water, clothes for myself. Um, that’s not such a good deal.

So how could we have made this more fair? Well, to start we could have negotiated in good faith, rather than this “what she’s going to get” BS. That was a low blow, and I’m still a bit angry with the otherwise, stellar, counsellor.

As it turns out, I agreed to the non-custodial deal, and the SPO and the payments to my ex-wife. And as it turns out, the economy has beat my income stream into ever-changing levels. And when I began to get behind, even as I was explaining to my ex exactly what was happening, and that I was not trying to get out of paying 100% of what she was owed, even with all that good will, and “what’s in the best interest for the children” talk, my ex-wife filed on me for being two months behind on my child support.

The cascade of my financial collapse was pretty swift after that. While I had been able to buy a house (shelter for my kids) I was falling behind on my mortgage too. And since my great job evaporated, I had not been able to replace it. I was working as a consultant, but I wasn’t making enough to cover all my expenses (survival expenses, not travel, or new things, or extravagance) and make the $1,500 support and health care payments. I was confident I would get caught up, I was expressing that to my ex-wife, and for some reason she filed anyway. Not fair, I thought. But that’s not what it’s about.

The point is not that I owe her the money, or if she is entitled to the money. She is entitled to every dollar awarded to her through our agreement.

I had to sell the house to get caught back up on my debt to Wells Fargo. I had to hire a lawyer to protect me from my wife’s actions with the AG. And I’ve been struggling to find a new full-time gig, at a much higher salary, so I could pay for all of this AND a place for me to live, preferably with three bedrooms so we all have our own space.

But in the SPO world, there really isn’t much consideration for what I will do, how the dad will do if he struggles a bit. It’s good for the moms to be taken care of. And most of all it’s good for the kids to be provided for, without a lot of drama or fighting between the co-parents. But I was unceremoniously tossed out of my house, which I agreed to give her, and told to pay a whopping $1,500 fee to her, and THEN look for somewhere I could live. In an expensive city, with kids in an expensive school district, it was not a pretty story. And while I nearly made it, my few months of struggles were enough for my “friendly” ex-wife to basically use the State of Texas to sue me for her back child support.

I’m waiting today for the expected good news that I will be starting a new full-time gig shortly. One that should provide for my child support and even a place for me to live. If I can afford a three bedroom place to live, is yet to be seen. I’ve got my fingers crossed, and am still putting in applications elsewhere every day. And other than how it would affect my kids if I were homeless, I’m guessing my ex-wife could care less, unless it means the full child-support payments will resume immediately.

That’s the plan. I’m not sure it’s a fair plan, but that’s the plan.

Sincerely,

The Off Parent

[Please note: This post is likely to draw a lot of heat from the single mom’s. The point is not that I owe her the money, or if she is entitled to the money. She is entitled to every dollar awarded to her through our agreement. And she will get every single dollar awarded to her, as I promised/promise her. The point is, had I known all my options, I might have fought for the 50/50 parenting plan I wanted.]

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