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

Posts tagged “Wells Fargo

Can Things Get Worse In My Divorce? Yes, Easy!

trying to make magic happen after divorce

trying to make magic happen after divorce[When we last checked in, back in late August the ex had just filed her grievances with the Attorney General’s office.
Here is Part 1: Tell Me Again, Why You Think This Is a Good Idea?]

My email to her was short and … Well, it was short and with as little vitriol as I could manage. I edited for clarity. Essentially, I told her I wished she had accepted my offer to talk before taking this action. (We have a mutual friend who actually works for the AG’s office.) But she hadn’t, and now she was going to put us both through some unnecessary process and procedure. I tried to explain, the AG’s office really is a way of accounting for the payments made or not made. They had limited enforcement capacity. And I was not disagreeing with the amount owed nor the fact that I owed it.

You can’t extract money from a person who is filing bankruptcy. There’s no money here. That’s the point.

She was clear and consistent in her message, the same message I got today as the closer on a round of emails about child support and AG’s cluster.

 “I’m not contesting that you asked for us to meet and talk, and that I said no unless we could talk about child support $. It’s in our parenting plan that we use email; it was a unilateral decision on your part that you’d only talk with me about certain things face to face.”

Her refrain at that point, every single time I brought up talking in person, was “How Much” and “When.” SRSLY? That’s it? That’s all you have for me? That’s all the care you have for planning and strategizing about our kid’s future?

I’m jumping ahead and skipping the throat punch again. Sorry.

So, here I go, heading into bankruptcy trying to figure out how to keep Wells Fargo from taking my one asset and my ex has nothing but more process and procedure to throw at me. Let me slow down and take it step-by-painful-step.

In discussing the options with my new bankruptcy attorney, who extracts his $1,000+ fee at that first meeting, it’s clear we need a strategy for dealing with my ex. And let’s get this straight. Not a tactic, not a way to hide the truth or tuck away some assets for protection. If she’s so hopping mad at me, thinking I’m spending all her child support on strippers and blow, this should clear things up.

I can’t imagine being in the reverse situation and doing anything that would damage her chances of keeping her house.

In that first meeting, we decided that I should ask my ex to accept a lean on a small piece of property my family still owns, thereby securing her “debt” to an asset. The plan was for me to agree to all of her financial grievances to-date, sign a document giving her first-blood on any sale of this family asset, and… AND for the privilege of me doing this, I could then free up some money and begin paying her child support ASAP.

I said to the attorney. “I think she’ll go for that. It’s a win-win for her. And we’re cordial. I should be able to get that over the weekend.” I left feeling like I had a plan to keep my shelter. (Back down to the base of Maslow’s damn hierarchy again — Dammit.)

When I asked, via email, of course, I thought my proposition would put me back in the good-guy champ. I was agreeing to sign any accounting she had (and you can bet she had them) and begin the process of getting payments to her again. Her response floored me.

“I appreciate your kind offer. But I signed an agreement with the AG’s office that I would not negotiate with you about child support.”

BOOM.

10-days later, I was in the attorney’s office again. Turns out, without her cooperation I don’t qualify for my chapter 13 bankruptcy.

“So what, we’re going to burn the place to the ground now?” I asked.

“Not that bad,” the attorney said.

So get this. I withdrew my bankruptcy filing, telling the court that I would probably be filing in the future when I get my income levels to an amount that would allow me to qualify for the plan.

GET THIS: I’m trying to file for bankruptcy literally to keep the roof over my head, to get caught back up on everyone’s payments, and move forward. And I didn’t qualify. WTF?

I’m not sure what the next bold moves might be from the ex. I got the letter today from the AG’s office that they were prepared to file a mark against my credit report showing my back payments as past due. Oh boy. I guess that’ll foul up my grim options on the bankruptcy even further.

You walk away from the marriage, but you can’t walk away from the financial enmeshment. Like it or not, we’re still dependant on the other’s earning power.

The silver lining, if there is one, is this. Wells Fargo now has to go through the process of resetting my account and restarting the foreclosure process on me again. (Boy, this is not fun.) And I have a couple of months to increase my income by about 20% or lose everything. I guess my sister’s spare room is still an option if I lose my house.

Again, I can’t imagine being in the reverse situation and doing anything that would damage her chances of keeping her house. I wrote that to my ex yesterday as part of the exchange that ended with her email above.  She’s complaining about the cost of violin private lessons and I’m talking about trying to keep a house over my head. A place, BTW, where her kids spend 33.5% of their time.

Scratching my head, all I think is she’s still hoppin mad. So mad she’d like to see me fail in the biggest way. Meanwhile, she’s living in a house, that was afforded by my downpayment and my corporate jobs, and that is almost double the value of mine. Oh well.

You walk away from the marriage, but you can’t walk away from the financial enmeshment. Like it or not, we’re still dependant on the other’s earning power. I’ve been doing everything I can to find the next opportunity for my work. And I would tell you that I’m not worried. But again, I might have delusions of grandeur. I’ve been working on replacing this income since June.

But again, unless she has me arrested, going for contempt or whatever those charges might be, I think I’m safe for a few months. I think my kids and I have a place to sleep and play and be a smaller family.

NOTE: I was really enjoying the part where this blog was becoming less about divorce and the ex and more about aspirations and seeking love. Ho-hum. And yes, I know, I’m the asshole man/dad who’s behind on his child support. So in my assessment, the dead-beat dad is a man who is doing things to prevent his ex-wife and family from thriving. A dad-having-trouble is simply a dad who cannot afford a place to live and the court-ordered payments to his ex-wife. It might be a semantic distinction, but it gives me some comfort. Forgive me, but I’m trying.

After chatting with several women friends, who are also divorced, they all shared their own outrage at how I am being treated. A couple of books come to mind.

Sincerely,

The Off Parent

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Tell Me Again, Why You Think This Is a Good Idea?

Finally taking the boot - divorce tales

divorce - child support

So you sued me. Um… For the last six months, you won’t talk to me, other than texts and emails. Okay. I think it’s a terrible idea, but okay.

Money has never been easy to talk about for me and the ex. And the awful realization, probably for both of us, is even in divorce we are strapped in the same financial boat together, for the duration of our kids’ young lives. Ack. It doesn’t have to be terrible, or adversarial, and it didn’t start out that way, until this summer.

The economy… Yadda yadda. My primary contract hit a snag in April, and my income was cut in half. And I have been working in a number of ways to replace that gap since even applying for full-time gigs and giving up my on-going business development. Everything is on the table. I’m scrambling.

The reality was that our two household family unit, required even more money than when we were married.

When we defined our agreement I was anticipating a quick-hire, buy a company that was “working up an offer” for approximately 80k per year. (great money if you can get it) The contract didn’t go through, but my divorce did, and I agreed to child support payments in the amount that would be in-line with that income level. The problem is, I have not yet achieved that income level since, at least not for more than 6 months at a time.

Okay, so, as things are getting REALLY tight, I let the ex know that I was going to get behind, but that I was going to keep her informed of my income and potential to pay as soon as I had the information. This did not go over well.

I understand.

She too has bills to pay, and her projections were based on counting on my support. I was apologetic, but I didn’t have an answer to her question. The question she began to hammer home week after week. “When” and “How much?”

So I was sliding, unwillingly, down the slippery slope towards becoming a deadbeat dad. The reality was that our two household family unit, required even more money than when we were married, and she was as dependant on my job as she had been when we were married. The fact that she was still living in the very nice house in the very nice neighborhood was a bit of a sore subject, but I wanted what was best for my kids. And uprooting them during the divorce, three+ years ago, was not an option that either the ex or I considered reasonable.

Today, however, the kids are older, well-adapted to the divorce routine, and she is sitting on a house that is nearly double what mine is worth, in today’s hot market. So she’s got that as an option. But let’s go back to early summer.

As the first month behind wore on my ex-y’s patience also began to fray. Her emails became more accusatory and demanding. I even started taking them into my talky therapist to see if he could help me parse out the anger from the request. With his help, I tried to craft week-after-week reasonable responses to her requests. The demand for payment or an exact payment schedule was not something I could produce. And I kept looking for work.

During the second month (again I am behind, it is my fault) she began to rattle a different saber at me. She started mentioning the Attorney General’s office. As in “maybe it would be best just to turn the whole thing over to the AG’s office and you can sort it out with them.”

My initial reaction was disbelief. I was not hiding anything from her. In fact, my talky therapist and I agreed that giving her a weekly update would alleviate some of her anxiety and stress. We were wrong. She wanted her money and now was prepared to turn me over to the state.

At this point, I took my first defensive posture of the entire process. I told her, “If you do this, I will want to go back and review what our decree said and how much I was agreeing to pay you and reset that amount based on what I actually made.” But I was asking her not to take such an adversarial position, I was trying to give her information and updates, but I could not agree to a timeline and budget that I had no idea how I could project or meet.

She presses on and says she’s going to file. I do a rough (and very conservative) review of what I had actually made in three years and that initial 80k per-year estimate that my child support was calculated on. I sent her my back-of-the-napkin calculations showing I had over-paid her 16k over three years. And again, asked her to reconsider filing against me with the state. I was happy to give her all the information I had.

She took my calculation and plea as a threat. Again, never once, did I dispute the amount she was owed, nor say that I was not going to pay all of it when I had the means. But at this point, I had missed a mortgage payment as well and was taking action to try to prevent losing my house.

In a seminal email in August, one day before my house was to be foreclosed on, she asked, “Any update on your house?” It seemed like a caring question. I reported back that Wells Fargo had given me another 30-days to provide additional proof of income. Five minutes later her reply came.

“I know this is bad timing for you, but I filed with the AG’s office, today.”

The story continues: Can Things Get Worse? Yes, Easy!

Sincerely,

The Off Parent

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