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.
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.
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?”
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)
The Off Parent
this post recast in a poem: please stay gone
back to The Hard Stuff
- My Divorce: A Searching and Fearless Moral Inventory
- Waiting for the Other Person to Change
- Love, War, Divorce: Why I’m Not Fighting My Ex-Wife About Custody
- Terms of Surrender: Our Divorce Papers
- No Divorce Expert: But If You Parent 50/50 You Should Divorce 50/50
image: thai boxing | the boxer, marshall astor, creative commons usage