Terms of My Surrender: Our Divorce Papers
Under the terms of my surrender, I gave up a good portion of my time with my kids. I was under the impression that this was the path that “was best for the kids.” In fact, it was the path that was best for my ex-wife, the person in the marriage who decided she wanted out. So wait, under the terms of my surrender I am giving her the kids, the house, and a good stipend of my income for the next 11 years? Just a minute, I need to reconsider.
Of course, reconsideration was not an option. When one person decides they are done, the marriage is done. Sure, you could counsel or work things out, for a bit, but once the door has been smashed open, their exit is always a possibility. And now a threat. And in the case of divorce, just a matter of fact, please sign on the dotted line and be done with this business.
We chose an uncontested divorce. I stubbornly agreed to her request for a divorce, because fighting would be expensive, might damage our children, and would echo the hurt still in my young-boy mind from my parents brutal divorce struggle. So I went with the path of least resistance, I bowed my head at the correct time, and allowed the head of my shining promise to be sliced off with little drama or prior bloodshed. That’s the way it was supposed to be, right? That’s what we were after.
But something along the way was not quite explained to me until a few months ago. I was on a date with a woman who had just given up primary custody, she was saying how much better her ex had become once he had to actually do 50% of the parenting rather than complaining about a check and doing nothing. I remember distinctly my reaction, “Wait, what? He doesn’t pay you any child support?”
So if I get this straight, my high-priced divorce counsellor who advised me to just take the deal and get on with the divorce, forgot to mention that the non-custodial parent (man or woman) was the one who pays child support. And why didn’t she listen or fight for my request to go for 50/50? Why didn’t she support the discussion about 50/50 parenting? She didn’t. Why didn’t she?
I guess I ultimately need to ask her. But in reconnecting with my attorney (the one who I contacted re: my wife’s new-found righteousness on turning me over to the Attorney General’s office) he said this.
“In 2010 when you guys divorced, she was probably right. Your wife would’ve probably gotten exactly what she wanted. Not that you couldn’t have gone for 50/50.” And he continued, “But today, things are a little different. Even in Texas. The judges today are listening when the parents want 50/50 custody. And more often than not, my dad clients are getting it, if they fight for it.”
Well, that is good news for today’s dads. Not so good for yesterday’s dads, or me.
What are my options today. Reopen the fight, go prove I’m a worthy dad, and ask the judges and the court to readjust my kids custody to 50/50. Is that what I want?
Here are the potential consequences:
- It will cost us both a lot of money. Money that we tried not to spend in divorce, by consulting a wonderful Ph.D divorce counsellor.
- It might damage my wife’s ability to continue to afford the house we bought together.
- My kids might get the impression I am fighting their mom, or saying she’s doing something wrong.
- It will cause drama and hardship on all sides.
Here are the benefits of doing it:
- The $150,000+ would still be going to my kids.
- I would be able to afford housing and perhaps not be forced to work two jobs or give my life back up to the big corporate job.
- We could parent 50/50 just like we are doing now, but I would also be able to help with some of the clothes and supplies shopping.
- My kids will know that I wanted them 50/50 from the beginning and was asked to take less.
As of this writing I don’t have the money to pursue the court’s resolution of my 50/50 desires. I wish our counselor would’ve supported both of our requests with the same integrity. I wish my 50/50 parenting plans and 50/50 schedules had been taken seriously while we were negotiating our peace treaty. They were not. I was given the patronizing approval, “that’s nice” but “that’s not how it’s going to work out.” And then I was told to accept what’s “in the best interest of the children.”
I was sold a bill of goods by my then-wife, who had been consulting with her attorney, and our counselor who was found and selected by my wife. And then I was asked to sign the Terms of Surrender without being given the full story of custody and child support. My bad. I should have paid for my own attorney at this point, rather than stumble along blindly with the hope of good will, good intentions, and honesty.
I got none of the above. What I got was a temporary peace treaty that lasted until I was late on my second child support payment to my ex-wife. Then the courts of the great state of Texas were warmed up against me. And today, according to my attorney, I could be arrested at any time, by the AG’s office. That is certainly part of the Terms of Surrender that I signed, but it’s not in line with the honest and caring approach we took to setting up our peaceful retreat from the marriage.
I’m defeated a bit at the moment. But I’ll get back up, I always do.
The Off Parent
- Waiting for the Other Person to Change
- Love, War, Divorce: Why I’m Not Fighting My Ex-Wife About Custody
- Divorce is Not About What’s Fair, Let’s Get That Straight
- Getting Angry, Reaching Forgiveness, and Moving On After Divorce
image: freefall, gabrriela pinto, creative commons usage