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

Posts tagged “the attorney general’s office

Just Be Mad, Don’t Be Passive Aggressive

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Okay, so she’s mad at me. She was mad at me for the last year of my marriage to her. Turns out, she’s just mad.

If my ex-wife could own her madness. When we were married she started letting it out sideways. She wasn’t telling me she was mad, or what she was mad about, she’d just occasionally blurt out, “Fuck You.” And what’s going on six years after our divorce is not much different. She has plenty she could be mad at me about, I guess. I owe her some money. And she could be convinced that her life would be much happier if she just had the money. Well, we all know, it’s not about the money. But if it is, she should be telling me she’s mad at me about the money.

But let’s talk about how it manifests itself in our life. Several years ago, when I started getting behind on my child support payments, my ex-wife filed our “case” with the attorney general’s office. I was telling her I was about to get behind. And two months in she filed. But, you file on dead beat dads. Dads who are trying to cut out on their kids or their obligations. That’s a dead beat dad.

So today, the AG’s office has a lien on my credit. And my ex-wife thinks that having them in our lives is a good idea. Not because she thinks they will get the money any sooner, because they won’t. Not because she thinks I’m going to try to get out of my obligation, because I won’t and I can’t. No, she’s keeping the AG’s office on my ass because she’s mad the AG’s office give her the illusion of power and control over me. If we could get the AG’s office out of our relationship we would both have options beyond what we have today.

Today I am incentivized not to be honest with my wife. What? If she could be real about why she wants the AG in our lives, I suppose she could see that it’s just about her anger. If she could be real about it we could come to some resolutions about how and when I could get caught up. But with the AG’s office in the picture, the options are limited. I shouldn’t tell her anything and just let them deal with the account. She harbors some convoluted thinking that allows her to feel justified and righteous about them.

I have a collections agency on my case 24/7. And somehow, some way, my ex-wife thinks it’s a good idea. But really she’s just mad and extracting her pound of flesh.

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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Dear Ex-Wife, You’re Missing the Point

Screen Shot 2016-09-06 at 8.18.40 PMThree years ago when my ex-wife tossed our child support issue to the Attorney General’s office I had no idea the world of hurt I was about to get slapped around with. She was doing “what she thought was best for the kids” by making me into a dead beat dad in the eyes of the state of Texas.

Even though:

  • I told her I had lost my income due to a client loss (I was working for a small business at the time and the one client was 90% of my income)
  • I told her I would get caught up as soon as I could, and that I was not looking to reduce the amount owed
  • She agreed that I was not hiding income from her
  • She didn’t need the money, she had a nice job and the house was nearly paid for

But that wasn’t reason enough for her to delay her bomb drop for more than a month. Somehow she thought that filing with the AG’s office was like adding an accountant to the equation, so THEY could keep track of what I owed vs. what I paid. Of course, my ex was an excel wiz so she was doing models and spreadsheets herself, but maybe the state’s attorneys would help.

A week before Wells Fargo refused my restructuring offer, she said, “Sorry about the timing, but I just filed with the AG’s office.”

She thought that she would get me back in line sooner if the law was involved. Well, in theory I guess that would’ve happened if I had disappeared or was trying to not pay her at all. That’s what the Attorney General’s office is for. Dead beat dads skip out on their kids, refuse to pay, demand paternity testing, and basically try to not pay for anything for their kids.

In our case, upper middle-class white folks with 99 problems… But my commitment and stated plan was 100% in compliance with the law. But, and it’s a big but, I had lost my client and income for an unknown length of time. I worked daily on new business, on getting a job (It was going to take me about 100k a year to pay the child support and live in an apartment.) and told her she would get a percentage of everything I made. It wasn’t good enough for her.

Today, three years later, I can’t get a used car loan on my own. Unless I’m willing to pay 19% interest. I’ve been turned down on two job offers once they ran my credit as part of the background check. And while I didn’t get foreclosed on, I had to sell my only, my post-divorce house, in a hurry. I did make $5,000 on the deal. And, of course, she wanted her cut of that as well.

Did she think what it would do to me? No. Did she think it was going to get my checks coming regularly even when I didn’t have a job? I don’t know. Did she think of the best interest of her children when she threw the father of her children to the debt collectors know as the OAG? (Office of the Attorney General) Absolutely not.

Today I ask her if she’d consider getting the AG’s office out of our pants. She says, “I’m not there yet.” I say, “Did you know they take a 10% fee out of the child support payments I make?” She says, “Are you sure of that?” I say, “You only get money when I make money, I don’t have any assets. You’re living in the only asset we had.” She said, “Help me understand why I only started getting paid after the AG’s office was in the picture?”

It’s because I didn’t have a job. When I got a job I started paying you 45% of every dollar I made. For the care and feeding of my kids. Excuse me, our kids.

I ask, “How do I know what the money is going to?” She says, “It’s none of your business.”

When your ex throws you to the wolves, what sympathy does she deserve? How do you maintain a civil relationship “for the kids?” I don’t know the answer, but you just do. I have never mentioned to my kids that their mom was the reason we lost the house and had to move in with grandma for 9 months. I never told the kids that the reason my bank account was frozen twice was due to their mom’s actions, and the AG’s aggressive actions to recover “her money.”

I could be mad about it. I could do things to get even. But I won’t. I have to rise above the blame and “imagine” that she’s doing the best she can. That keeping me in the dog house does something for them. Perhaps it makes her feel better. Demonstrates how childish I was. How I was irresponsible.

All I think it does is fuck me on a daily basis when I go looking for a job, try to rent an apartment, or rent a car. All I think it does is give her a stiff spike stiletto heel on my neck.

Oh well, in 5 years this will all be over. I’ll still owe her the money, but I’ll be paying her back as fast as I can. Cause, “it’s the kids money.” Um, yeah, right.

The Off Parent
@theoffparent

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Sharing

The Non-Rational Divorce

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Divorce law is biased in favor of the mom. The minute she says, “I’m considering a divorce,” the man’s livelihood and balance of power is stripped away by the courts and my the formerly loving spouse.

Looking at my ex-wife you’d never suspect the painful deceit that lies within. Now, I get that when you’re negotiating divorce many irrational fears and fantasies come up. But we slowed it down. We took the time to get things right. And she still fought for an imbalanced parenting plan. She still argued that she was the primary caregiver. She still went for the payday she knew she could count on.

What would happen if we divorced the way we married. It’s not like divorce, if you have kids, is really an escape from the other person. Divorce is just a changing of the political power in a relationship. When we were dating and while we were married we had a balance of power that worked itself out through bilateral negotiations and cooperation. Once the divorce decree is issued the balance of power is over. And if you’re ex decides to send your case to collections (The Attorney General’s Office) you can be assured that the power is all in the greedy fingers of the custodial parent.

What was my ex thinking?

  • I can get the money.
  • I can get the house.
  • I can get the kids.

Yep, she was right. But that doesn’t make the system or the rationale right. It’s dead wrong. In our case, I was the more responsible party for caregiving. I didn’t get into power struggles with our daughter over chores and choices. I didn’t sleep-in until noon on weekends. I didn’t work part-time and claim even that was a hardship. BS. My ex-wife went for the jugular because she knew she could get it. I mean, why wouldn’t you go for the best deal you could. Well, except for the fact that you’re taking that victory out of someone else’s hide. Must not have been an issue for her. She was scared. She was thinking about the needs of her children. She has an addiction to fancy shoes that wasn’t going to go away.

Today when the wife decides she’s ready for a change, she is making a choice to take 100% of the power in the relationship.

Why does the divorce start with the above three laws? I mean, you could fight them. You might win. But if you’re like me, not a fighter, you might go collaborative and hope for the best. BAD IDEA. The collaboration ends the minute the discussion moves to money or schedule.

What parents should be thinking when considering a divorce.

  • How can we make this equitable for both of us?
  • Isn’t a 50/50 arrangement better for the kids?
  • Money is always an issue, even after they’re 18, shouldn’t we start fairly from the beginning?
  • My ex is not a bad person, we are making changes in the structure of our relationship, but the honor, respect, and compassion should remain between us.

We’ve got to make a change in the way divorce happens. Today when the wife decides she’s ready for a change, she is making a choice to take 100% of the power in the relationship. Before things were cooperative. When divorce is started the law is on her side. To fight about divorce is to sue your former partner. So, for most of us, we end up settling for the standard possession order and the non-custodial role. It’s BULLSHIT.

Dad’s are just as important to their families as moms. Both parents should share the financial burden equally. When one partner loses a job both parties live with less. If the dad has to go looking for a new place to live, shouldn’t they be the one’s given the financial consideration? Why is it the exact opposite. I get less time with my kids so I have to pay more money? It’s all messed up. It’s a historical precedent that must be fought if you are determined to get something better for your kids.

Divorce law is biased in favor of the mom. The minute she says, “I’m considering a divorce,” the man’s livelihood and balance of power is stripped away by the courts and my the formerly loving spouse. Until we change the status quo we dads will start the process from a disadvantage. Just know this is the way it is. Knowledge is power, so lawyer up. Even if you’re going cooperative, get a lawyer, because things will turn political and you need someone on your side too.

Respectfully,

The Off Parent
@theoffparent

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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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reference: Mommy is a Goddamn Saint – Blunt Moms

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The Fk You That Keeps On Giving

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Today I am angry. It takes a lot to get me urgent and angry. My sense of urgency has been triggered at this point. I am sitting in my mom’s house with a $43,000 (about triple the disputed child support amount) hold on my credit card. And I can’t get my lawyer on the phone. I wonder what would happen if I was thrown in jail by the AG’s office rather than just frozen out of any access to my money. I guess I need to plan for the worst and understand what my options are.

I am grateful that I’m not in jail at this moment.

But I have to say, the AG’s office thing, that my ex-y triggered in September of last year, sure has done a lot to dampen my optimistic outlook today. I’ll be back above it shortly, but at the moment, I am essentially paralyzed. It’s better here on my mom’s couch, with AC, electricity, and a strong wifi signal. But I’m a bit tranquil for the situation. (see: AG’s Office Round Two: Dead Beat Dad – 0, Bank $43,000)

I’m not exactly sure how I came to have this low-level of reactivity. I guess my father’s response, would’ve been to blow up at everyone possible. And maybe my lack of blowup-ness is part of my anti-dad training. But I should be mad right now. Instead I’m feeling a bit defeated. A bit dead.

And what I know about myself is that these feelings are the harbingers of depression. Fk that! The opposite of depression is high-energy and activation. So today, I’m going to fire up the jets and get mad. What’s the risk? There’s nothing more that she could do to me, other than have me thrown in jail, and I guess it’s really not up to her, right…

Except the coup de grâce was hers. In some sense of fear or entitlement (the opposite sides of a coin as well) she made a decision that it was better to attack me than negotiate and talk to me. Somewhere in her muddled little mind, she took the path of war. And in all the work I’ve done to get healthy, this is the one attack that I still have a hard time accepting. Divorce me, sure. Expect and count on the child support, yes. But when one of us stumbles, as a divorced couple, as co-parents, the response HAS GOT TO BE HELP, NOT ATTACK.

I am certain that I learned this subversion of anger from the overbearing and abusive anger of my father. He shouted the anger right out of all of us.

I stumbled. I am still stumbling forward. And rather than deal with me, or hear my plea for patience, my ex-y took the harshest action at her disposal and filed against me with the AG’s office. And the machine was started and the damage is still being inflicted.

Today I will respond in-kind. For the first time since my marriage began to crumble, I am genuinely mad at my ex-wife.

There is no reason to attack a parent who is being transparent and cooperative

When there is financial hardships on either side of the divorce, the impact by everyone

If your reaction to your ex-partner’s struggle is to attack them, you have lost touch with any and all compassion you once had for them

Attacking your ex-partner for any reason, hurts your kids

Is it always the best approach to be the bigger partner and not attack back? Is it always the best approach to maintain a positive outlook and find the pro-active solution? Or at some point, do you need to pull out your own guns and fire back? I’m not sure I know the answer to this. For over four years I have been taking the buddhist approach and attempting to rise above the blame and anger, and NOT attack my ex-wife FOR ANY REASON.

Today, I don’t know. The lawyer, when he finally calls me back, will have to advise me.

Today is one of countermeasures and planning not vengeance. That is better taken when the dust has settled and the evening sun is setting over the battlefield.

First blood, second blood has been drawn. At this point, I’m a bit like the Evil Black Knight in Monty Python’s Holy Grail.  He is still taunting his enemy when he has lost both arms and legs. I am standing on my stumps at the moment, and I’ve got nothing else to defend myself with. And today I will shout my anger to the hills. Perhaps at some point I will (to use a very different metaphor) FLAME ON, like the human torch.

At my son’s cross-country meeting at the middle school this morning, she stopped me in the hall. I was certain she was going to say she was sorry. She wanted to tell me something about their acne medicine. Um, yeah, thanks, and fk you.

This is not my natural or comfortable state. It’s like I have to spin up the anger momentum for a while before I actually get angry. I am certain that I learned this subversion of anger from the overbearing and abusive anger of my father. He shouted the anger right out of all of us. I see my sister and mother get terrified when I get angry with them. I have to stop for a minute and reassure them, “It’s okay, this is what healthy anger looks like.” They look at me with deer-in-the-headlights expressions.

But it really is okay to be angry. And as a counter-measure to depression, anger is a powerful tool.

And I guess, since this episode started at 6:00pm last night, and I still haven’t heard back from my lawyer, I’ll have a touch of anger to give him as well.

There’s plenty of anger to go around, I’ve got enough for everyone. Still I am cautious not to lash out. Today is one of countermeasures and planning not vengeance. That is better taken when the dust has settled and the evening sun is setting over the battlefield.

Sincerely,

The Off Parent
@theoffparent

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I guess it’s good that I am not refusing to pay…

From the Texas Attorney General’s Office FAQ

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Losing Everything in Divorce; Learning to Carry On

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Can a man survive without a home? Without a job? Without his family? Divorce often feels like the end of your life. And, of course, it is the end of life as you have known it up to that time. Post-divorce life is very different for everyone. And some of the life-threatening blows, may become less severe as time goes along, as water under the bridge continues to flow.

The first death-blow for me was losing my house. Of course it was a lot more than a house. The house we created for our family was filled with our hopes and dreams. It was the physical manifestation of our plans as a couple with kids on the way. We bought the house for our future family. And everything we became in the years within the house was our family history BD. (before divorce) As a symbolic loss, a man’s house is very important. The money, the commitment, the work that went into buying and maintaining the house… it was the only home I knew for my family. Walking out, or being asked to leave, was the first life-threatening loss in a long series of future losses.

If I want to have a place to live, it requires a much higher salary base. As long as I have the BIG JOB I can have a place to live and pay my child support.

Can a man survive without a home? As a single dad with the Standard Possession Order it is possible to survive for a while without a home. For me, I was able to find shelter at my sister’s house. I was homeless but I had shelter. I was even able to have my kids on my weekends. And we made it work. But it was not easy.

A few of the intangibles you lose when you lose your house go beyond the material goods. Sure there are a lot of “things” that you lose, that you wouldn’t even know how to ask for, but there is so much more to the loss. For me I lost my neighborhood, full of green belts and parks, and home to the tennis club where I played three times a week. The dream that we had created was working for me. And now it was lost.

Can a man survive without a job?

The second death blow. This one is tougher. With today’s economy this struggle for solvency is much more difficult than I remember it ever being in the past. Of course, now I have an additional $1,500 a month in expenses, and that puts even more pressure on my employment. And, if I want to have a place to live, it requires a much higher salary base. As long as I have the BIG JOB I can have a place to live and pay my child support. But when things get even a bit tight, something will suffer.

As things went for me, I was lucky. In a few months of living with my sister, I got another BIG JOB and felt like I was off to the races of picking my life, as a man and father, back up. Of course, I want a home for my kids. And of course I want my ex-wife to be able to afford the home I left. I want them both. And I am willing to work to support both dreams. So off I went, on my new job and I immediately set out to buy a new home for myself and my kids. It was a right of passage. I needed to establish another home. I needed a place for my things again.

And things were good for a few months. I got my home, I got my kids in my new home. We swam at the nearby lake, we jumped on the new trampoline, we became a family, a single-dad family, once again.

Today, I am without a home. I am without a job. And I am surviving on goodwill, guts, and hopefulness.

But things changed, and my employer changed their business model and eliminated my position all together. And six months in, on my new mortgage, I was jobless again. And for a while I was able to make ends meet by cashing in my retirement funds, and my savings. And I landed some contracts and some project work. And I made my payments and my mortgage as best as I could. And for the next year and a half, things lurched along with some sacrifices and some drama, but for the most part I was able to say on top of the money situation.

And things changed again.As my primary contract changed my billable hours, I saw that I would be late paying my ex-wife on the child support. I contacted her to let her know what was going on. And we were okay for the first month. However things did not get better with my work. And the loss of hours was not immediately replaced.

It was in the second month of my delay that my ex-wife began threatening to turn it all over to the Attorney General’s office. I asked her to reconsider. She pressed. We devolved into angry exchanges over email. We were both sure that we were right.

In the end she did turn all of our financial details over to the AG’s office. She had some reason. She was doing the best she could for her family, I suppose, but it was very hard for me to reconcile her actions while continuing to cooperate on all the parenting tasks. We agreed that the money fight should not affect our parenting. And we did okay with that.

But when I lost my steady income, or it dropped to an amount lower than my survival rate, I did not have any backup funds, I had no safety net.

In the end, I was unable to replace the income loss from my main work contract. And I was unsuccessful at supplementing that income enough to get caught back up on my mortgage or my child support. And now with the AG’s office putting the credit screws on me, I was unable to refi or file for restructuring bankruptcy. I lost my house. Well, I got to sell my house, but it was not what I wanted.

So now, I’m homeless again. And I have this same choice to make. I can go for the BIG JOB and make enough money to have my own place and support their mom in keeping our old house. Or I can fight in the courts, for 50/50 parenting, what I wanted in the first place, and reduce my primary expenses by $1,5oo a month.

Today I am interviewing for the BIG JOB. And I am hopeful to return to full employment in the next few weeks. And I will begin making my child support payments as soon as that is possible. But today, I am without a home. I am without a job. And I am surviving on goodwill, guts, and hopefulness.

Sincerely

The Off Parent
@theoffparent

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

OFF-dance-d

[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.

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.

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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reference suggested by a reader: Men on Strike: Why Men Are Boycotting Marriage, Fatherhood – and Why It Matters

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

OFF-mermaid

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.”

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.

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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