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

Posts tagged “50/50 divorce

Rationalizing Your Divorce

There’s no getting over the fact that a divorce is a failure. And I may never forgive my ex-wife for changing my time with my kids forever. The system is rigged in a mom’s favor, and as a dad I was given my “deal” and told to grin and bear it “for the benefit of the kids.”

FK That.

My kids were 5 and 7 when they lost me. And my ex-wife made the plans to move on, without even letting me know. Sure we were in couple’s therapy, but I thought we were doing it to save our marriage. I think she was doing it to plan for her future. I never understood how cynical she’d become, and I didn’t clue to the fact that her toxic anger was directed 99% of the time at me. I didn’t get it. I was so in love with being a parent and being a good father, that I missed the clues she was putting off.

There were some clues I couldn’t ignore. In the last year, when I was still clueless to my then-wife’s scheming, she would occasionally burst out with a, “Fuck you.”

She had to apologize several times when she shot the verbal FU in-front of friends. She was incapable of keeping her rage contained. “Where,” I wondered aloud, “is her individual therapist in this situation?” How could a good therapist allow their client to seethe month after month?

While divorce is a terrible thing, a worse crime is staying in a marriage “for the kids.” I suppose, if I were to be honest, in the last few months, before she went to see an attorney, we were not very happy. I was definitely “staying for the kids.”

But I was staying out of strength and conviction that our marriage and our love relationship was worth saving. She was occupied with another pursuit. She wanted to know her options. She wanted to build financial models base on our assets. She must have known months in advance, how much money she would need to survive after divorce, even if I gave her the house.

I didn’t fight, once she’d told me she’d consulted a lawyer, “to understand her options.” I should’ve lawyered up at the same time, but I didn’t. I naively thought that our good intentions would serve us. I stupidly imagined that the phrase, “In the best interest of the children,” actually meant we would cooperate to find the resolution of our relationship that would benefit our children the most.

Her idea: Mom gets 70% of the kids time. Mom gets the house. Mom gets a nice monthly stipend so she doesn’t have to work quite so hard at being a breadwinner during this trying time.

My idea: We shouldn’t be getting a divorce at all. If she would get real she’d see that this hard time was the perfect moment to reset, rebuild, and recommit to our marriage. AND if we were going to divorce, I wanted 50/50 parenting, with a 50/50 schedule.

The divorce therapist we met with sold me down the river. Sure it was 2010, but I really didn’t have a chance.

“This is what you would get if you guys went to court,” the therapist said to me in private when the 50/50 idea was being railroaded by both her and my soon-to-be-ex. “So why don’t we start there and work on the things you have some say over.”

Wait, what? I was paying this woman to tell me 50/50 was out of the question. I still wonder if my ex had been talking to her on the side before we got into our parenting plan negotiations. I was almost laughed out of the therapy session when I brought in my 50/50 schedule and my three books that told why co-parenting was better than custodial parenting.

I lost everything. For every night I had my kids, my ex-wife had two nights. I fell into despair. Had I been more susceptible to alcoholism, I know this would’ve done the trick to slip me into the addiction. As it was I dealt with a nasty episode of depression. Ouch. AND I dealt with missing my kids twice as much as my newly divorced ex-wife had to.

The deck is still stacked in the mom’s favor. In Texas, my home state, the man gets the non-custodial role in 80% of all divorces. The mom gets the house and the child support payment. I guess in a wealthy divorce that’s the split that makes everyone happy. Dad gets less time with the kids but more time to make money. Mom get’s to hold on to her matriarch role and get paid well for the privilege of staying home with the kids.

The good news, I don’t ever have to go through that again. More good news, the state is doing 50/50 plans, with ZERO CHILD SUPPORT, about 50% of the time these days. And if the parents agree to joint custody and 50/50 parenting, the AG’s office doesn’t get involved.

That’s not how it worked out for me and my kids. As a result, I will always have a sad place in my heart and memory about that time. But we’ve moved on. My kids are now 13 and 15 and we are entering a new “teen” phase of our relationship. And I have to hand it to my angry ex-wife, we’ve done a good job at being civil and keeping the relationship between us focused on being good parents first, and financial partners second. We’ve never gotten our priorities mixed up. Well, except for my wife’s angry move to involve the AG for enforcement of the decree when I was 60 days behind on child support. She will never be forgiven for that violation of trust and integrity.

It’s water under the bridge they say. And today I focus on my happy and well-adjusted kids. She’s 50% of that parenting team. And while she still holds the loaded gun to my head financially, she’s kept her mom-hat and mom-responsibility in the proper ratio. Our kids are doing great in school, they seem to be thriving in their lives, and as they grow older, I know our relationships will continue to change and prosper. But when we were going through it, it was all I could do to agree to the divorce, much less FIGHT with my soon-to-be-ex about custody, parenting plans, and money.

I give you my thanks dear exy. And I hope you choke on your own vitriol while keeping our kids happy and well-fed.

Peace and CoParenting,

The Off Parent
@theoffparent

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I May Never Reach Serenity with my Ex-Wife

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Divorce is hard. Coparenting is hard. Being civil to someone who is constantly attacking you is hard. Being solid and positive for my kids, above everything else, above all she throws at me, is not hard.

Sure we do it for the kids. We tried to keep the marriage together “for the kids,” and that didn’t work out so well. After divorce, you’ve got a harder hill to climb. You can NEVER let your angry face show. You’re coparent is golden in the eyes of the kids. There is no other option. Any anger you voice to your kids about your ex comes back to haunt everyone. I can’t say I’m not tempted.

And her best, today, means the AG’s office gives her some reassurance that she will eventually get every dollar she was awarded in the divorce decree. It’s a shame she sees that as an entitlement and not a cooperative agreement.

Just yesterday I was really really tempted to tell my 13 yo daughter, “You know at 15 you can decide who you want to live with.” I’d never say it. But I wanted to. I wanted to reclaim my daughter for the last few years of her attached child role. Once she’s gone to college all things change. And their mom made some decisions that forever changed our trajectory together. And to say I got the short end of the bargain would we an understatement.

I got the typical non-custodial role. I pay child support to the tune of $1,300 per month, and I get the kids about 30% of the time. That’s not fair. But that’s Texas. In fact, that’s still most of the country. The dad is a second class citizen. Oh, and did I mention she got the house and paid-for car too?

Still, there is no time to be angry with your ex. If you spend time fuming at them, you are wasting your own life. If you can channel that energy into something creative (writing a blog for example) then you can make use of the wonderful power that anger brings. I’m angry with my ex-wife. She does things daily that confound me and clearly do not live by the “do unto others” rule. But she has also abided by the no negatives rule. We focus on the parenting of our kids. There may be money issues, and basic courtesy issues that are all out of whack, but we make our best effort to keep our kids out of the fray between us.

The best result is that our kids are happy, productive, and thriving in high school and middle school. You will do almost anything to keep that positive result as the focus of your relationship with the other parent. Yes, I named this blog in an attempt to capture some of the “off” things that my ex does, but it’s also a testament to venting anonymously and keeping the shit-storm out of their lives.

I’m sure she does not see it the same way. I’m sure she doesn’t read me anymore, but she knows this blog is out here. And yes I’m cataloging the ills, tribulations, and trials of being a father with a narcissistic ex. My coparenting skills are tested almost weekly. I have to breathe and stop all action. From this calm place, I can remember the faces of my lovely children and take the next right action. It is NEVER to attack my ex. I’d like to. I’d really like to let her have it. I’d like to sue her and get 50/50 custody as I had asked for. But I won’t.

Yes, it’s my kid’s problem, because they have to deal with her attitude and resentment 70% of the time. But when they are with me, I can be 100% positive, no matter what.

I have to admit things are working out for me. I’ve got a new relationship (2 years) that’s heading towards marriage in several months. I’ve got my health. And in the near future I will also be rebuilding my credit.  She says, “I just don’t see it,” when I ask about removing their boot from my ass. But she too is doing her best. I have to believe this. And her best, today, means the AG’s office gives her some reassurance that she will eventually get every dollar she was awarded in the divorce decree. It’s a shame she sees that as an entitlement and not a cooperative agreement. Yes, it’s enforceable. And yes, she’s enforcing it. But she doesn’t need to. I am paying 1/3 of every dollar I make. Every. Single. Dollar. Suing me is not going to change the pace or the improve the volatility of the employment market.

Today I can say I love my ex-wife and hate her at the same time. Yes, yes, “it’s a thin line…” but this is something more. She still carries a lot of contempt and anger towards me. This is exemplified in her need to keep the state’s lawyers in the picture. Heck, she even works for lawyers, so you’d think she’d get some counsel. And today she’s married to a wealthy man. She’s still not happy, but guess what? It’s no longer my problem. Yes, it’s my kid’s problem, because they have to deal with her attitude and resentment 70% of the time. But when they are with me, I can be 100% positive, no matter what.

Get that engraved in your heart. Positive no matter what.

And love on.

The Off Parent
@theoffparent

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What I’m Missing Today as a Divorced Dad

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It’s been nearly seven years since my divorce and on average that means I’ve missed 2/3 of my kids lives since then. I’m not depressed about it, but the sadness does occasionally creep up on me on the nights they are with their mom. I fought for 50/50 parenting but was shown the law book as an excuse for doing the right thing. If you parent 50/50 both mom and dad should have equal access to the kids after the divorce.

What I was missing is the tender years, the developmental years when they are really kids and really attached. That’s what I lost 2/3 of. That’s the pain of divorce.

For me the loss of my kids and being thrust into alone time was the most traumatic part about divorce. We had built a happy (somewhat) home and I was determined to keep it together. And sure, I was keeping it together for the kids, but probably I was holding on to a crumbling marriage because I didn’t want to be alone again. I loved the routines: 1. home from school; 2. homework and play; 3. dinner; 4. bath; 5. bedtime stories. My kids were young when we split. And the harsh interruption of this family dance was almost too much to take. I survived. We all survived. But for the most part, their lives stayed the same and my life was upended and cut off from all I knew.

It’s odd when you leave your house for the last time, all the little things you’re never going to remember to ask for, but you leave behind. In my case, I didn’t have anywhere to move to, so I moved in with my sister while I tried to get my act together again. So 95% of all my stuff stayed in the house. At some point, a few months in, she and one of her girlfriends packed all of my clothes and belonging into boxes and moved my material corpse into the garage. I’m grateful I didn’t have to do it. But it also felt like I was being buried, or put in my place.

I was fortunate to have a sister in town who happened to have a mother-in-law plan that worked out for me and my kids. While I didn’t have any privacy, my room was next to the media/tv/gaming room, I did have a place to sleep. And the room was big enough that over the summer the kids could spend their dad-weekends with me. So, I didn’t have it to bad. Or should I say, it could’ve been a lot worse.

But seeing my kids and ex-wife in the house, with all my stuff, continuing on with life as usual. It was like “daddy was on an extended business trip.” But I would never be back.

A few nights ago, on a typical kid-free Monday (M-T-W nights were always kid-free) I was feeling sad and I tried to examine what was making me ache. Again, this is seven years later. It was easy to identify that I missed my kids. Their laughs and stories about their day at school. Getting to hear what’s going on in their lives. But it was deeper.

In my mind I was howling for the pain my kids would go through. But as the time went on I learned it was the pain I had gone through with my parents divorce that I was howling about.

What I was missing is the tender years, the developmental years when they are really kids and really attached. That’s what I lost 2/3 of. That’s the pain of divorce. And I’m sure it cut both ways. I’m sure that my ex-wife was sad on the nights when they were with me. Those young-kid nights when everything was about them and their connection to you and the world and each other. Here I was, seven years later, feeling sorry about what I’d lost when they were younger.

It’s different today, being in parenting relationships with teenagers. Most of the time the parenting role is about transportation and food. And with friends and boyfriend/girlfriends they’d mostly like to be somewhere else. We still have the tender moments, but they are sparsely scattered throughout our time together. What I was sad about a few days ago is the loss of that time, the tender time. My kids are still precious, and I am completely devoted to them, but there’s a longing, like wanting a puppy to stay a puppy, for that earlier time. Of course, it’s never coming back, and my sadness is just about me. Perhaps it’s me feeling sorry for myself all these years later, about what I lost back then.

This was the pain of divorce for me. The minute she said she had seen a lawyer I howled. And in my mind I was howling for the pain my kids would go through. But as the time went on I learned it was the pain I had gone through with my parents divorce that I was howling about. When I lost my dad in divorce the loss was absolute. It was as if he fell off the deep end of his isolation and alcoholism. He was gone from my life. What I had after the divorce was a ghost of a dad.

I am not a ghost to my kids. I am a fully alive and empowered father. I was handed a less-than-fair deal and we’ve all learned to deal with it. Today my ex has been mentioning a 50/50 schedule, toying with the idea rather than making an offer. We haven’t reached any agreement, but there are more things in motion. And again, it’s just an “idea” she’s floating.

I’m also considering letting my sadness be my own and not mixing it up with my kids-of-divorce sadness, because, my kids seem extremely happy right where things are. My sadness is my own. It’s more from my little boy than my middle-aged man. I can recognize that and deal with it, on my own. And we’ll see how our relationships evolve over the coming years.

Respectfully,

The Off Parent
@theoffparent

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The Complaining Never Ends, Even After Divorce

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Yesterday my ex-wife texted me about my son’s phone. She’s still got the kids for 4 more days, and I knew the repair was about $80 bucks, so I asked her why she thought it was necessary to give this task to me? I mean, they spend an exorbitant amount of time at the mall, a simple drop-off and pick-up while they were shopping…

I asked, “Why are you giving this to me?”

My ex-wife, even when she was my wife, is rarely happy with how things are. She used to always complain that she was the only one who cared about the house, who paid bills, who took the kids to doctor’s appointments.

Then came the extraordinary reply that went into her health, her schedule, her work, and how if she “ever asked” me for anything it was with great effort. Um, yeah, I don’t think so. She asks for other’s to do her “work” all the time.

Am I enjoying some of my ex-wife’s exhaustion too much? Hmm. Good question. Am I withholding support of my kids in order to punish her? No way. So she’d like me to handle this mundane chore while the kids are with her? What? I just didn’t get it. Then in a conversation with another parent, not divorced, I said, “You could be dealing with the exact same shit as a divorced parent. It doesn’t stop.”

And that’s when it hit me. My ex-wife, even when she was my wife, is rarely happy with how things are. She used to always complain that she was the only one who cared about the house, who paid bills, who took the kids to doctor’s appointments. And this is when she was either not working or working 10 – 15 hours a week. Yeah, she was right. There was an imbalance, but it was never enough, no matter how much I pitched in.

And there is one tiny bit of poetic justice here.

At the beginning of our divorce I was asking for 50/50 parenting. I was thinking about the kids and not the child support. And I was denied my request for a number of reasons.

  1. She was the primary caregiver.
  2. The kids needed their mother more than their father.
  3. She was the more responsible parent (keeping track of doctor’s appointments and kid’s school assignments)
  4. (the big one) If we went to court this is what she would get.

So in the heat of that discussion, I was railroaded into giving up my dreams of being a 50/50 parent. I was told what I was going to get and I accepted their verdict. But I did not agree with 1, 2, or 3 at all. It simply was not true.

What was true is she got the house, a nice child support payment, and 2/3 of the kid’s time. It was a trade-off, I guess. For the money she was given, she would also provide for most of the child care and extracurricular activities. That’s just how it broke down. And this is when our kids were 6 and 8.

Now our kids are 13 and 15 and she’d like A LOT more help with all the parenting duties. That’s understandable. But, it’s not what we agreed to. So perhaps the non-custodial role has some benefit later in the divorce. Perhaps my reward, or my consolation prize (because I would’ve preferred having the kids with me 50% of the time) is that now she also has most of the extracurricular duties as well.

What I can do is be the best dad I can be given the time I have. And I don’t rub the situation in on my ex-wife, though I chuckle a little every time these complaints get filed on me.

Let me be clear. She was not the primary caregiver. We split that down the middle. From diaper changes, to nighttime feedings, to cleaning up around the house. And I do not agree that mom’s are more necessary for the kids. I believe dad’s get the shit end of the deal in traditional divorce. I think if you parented 50/50 you should divorce 50/50. And finally, she was not the most responsible parent, we had divided some of the parenting duties up, and scheduling was one of hers.

My ex-wife complained when we were married. And now that we’ve been divorced over 6 years she’s still complaining. And while I hear her requests, I also hear her asking for a more 50/50 parenting arrangement, something she denied me. Is it bad that I’m holding back on this? I don’t think so.

Today, with teenagers, I’m not so sure I want 50/50 parenting. Had I been given the same consideration when they were younger, I might think differently today. But I’m getting enough of my kids, at the moment. Sure, I miss them when they are away, but I can’t ever get back their early years. I can’t make up for lost time.

What I can do is be the best dad I can be given the time I have. And I don’t rub the situation in on my ex-wife, though I chuckle a little every time these complaints get filed on me. We’re no longer married. You no longer have my undivided attention for such things as “being tired.”

I love my kids and I still love my ex-wife for being such a good mother. But she’s still the custodial parent, and with that comes a salary and additional responsibilities. That’s what she asked for, that’s what she gets, even today.

Respectfully,

The Off Parent
@theoffparent

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You Are Ahead by a Century: A Dads Divorce Story

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Let’s talk a bit about the dumper and dumpee. If you were NOT the one who thought of the divorce first, you are the dumpee. And there’s an amazing thing that happens to dumpees. We are divorced and alone long before we get used to the idea of what’s happening. In my case, I objected with a vengeance, but quickly learning, in counseling and eventually divorce financial consulting, that it takes two people to want to stay married.

And that’s when the world was thrown up on it’s end. I was being asked to simply pack a bag and tell the kids I was going away on a business trip.

So let’s assume that my ex-y had been contemplating the divorce for six months. Taking steps to secure certain parts of her plan. She wanted to make sure she had her ducks in a row, long before I knew I was being lined up for an exit.

And, yes, it’s usually the man who leaves the house. That just makes it easier on the kids. (And if you believe that bullshit line… Well, we don’t have to go into that now.) So now, I’m learning for the first time that my wife had already been to see a lawyer about options, and she was asking me to leave the house. Just walk out in the middle of April. Two months before the kids were to be finishing up 3rd and 5th grades. Um… NO WAY.

I was surprised in our marriage counseling by something that she revealed. Something didn’t sound right. “Have you been to see an attorney?” I asked.

And that’s when the world was thrown up on it’s end. I was being asked to simply pack a bag and tell the kids I was going away on a business trip. What? Why?

I knew we were having problems. That’s why we’d been in therapy on and off for years. But DIVORCE? I was crushed. Angry. Stunned. And most likely in a state of shock.

In the session, I flatly refused to leave the house. “If you’re so unhappy, and so ready for a break if that’s what you’re calling it, why don’t you take a trip?” Both my ex-y and the therapist looked at me with eyes of concern. Perhaps it was pity. I was thrashing against the idea of the divorce, and she was asking me to leave tonight?

When you are the dumpee it’s likely the other person is much further down the road to healing from the split. In fact, they may have reached a place of being ready for it all to be over.

As it’s often the woman who gets the house if you have kids, it’s also very common for the woman to reach the breaking point while the good-natured husband just thinks it’s a “rough patch.” And until I learned that afternoon, that she’d already been weighing her options and strategy for leaving me (or getting me to leave, to be more accurate) it was only a rough patch.

“I may not like you right now, “ I had written in an email a few weeks earlier, “But I love you very much. We will get through this period. It’s just a rough spot.”

One rough spot too many I suppose.

When you are the dumpee it’s likely the other person is much further down the road to healing from the split. In fact, they may have reached a place of being ready for it all to be over. And this is before us poor saps even know we’re heading that way.

And the mechanics of divorce can happen very quickly. From the moment she told me, to when I was actually leaving the house for the last time was about two months, but this is only because I fought with her about the idea of splitting before the kid’s school year was done.

It was a hellish two months. But today, I can say, I held the line for THEM. I kept their soon-to-be-uprooted lives sane for two more months so they could have the Summer to fall apart with me. Their mom was already working on “what’s next.” The head start down the divorce path becomes a very strong tactical advantage. I was still willing to bargain and negotiate because I was certain we would work something out. She was already working out how to pay rent on the house after I moved out.

No one is going to take care of you in divorce. Your ex will make selfish decisions and continue to make selfish requests couched in “the best interest of the kids.”

She was a century ahead of me in all the negotiations. I was still reeling from the loss and onset of depression from my sister’s downstairs bedroom, and she was working on the taxes and the financial split arrangements. (She takes the house. I take the house. We sell the house. I didn’t want to lose my house or my family.)

While I was her ex she was still my beloved, but troubled wife. The mother of our two kids. Oh, the kids. They were the ones who were gonna suffer. It’s all about them. This divorce stuff is for grown ups. In divorce, you do everything to shield the kids from the fight and fallout. Which includes letting them stay in their primary home with the primary caregiver. (Again, I call bullshit, but I was so confused and sad at this point that I was not negotiating at all, I was recoiling. I was in duck and cover mode both emotionally and financially.

When her lawyer requested a hefty child support payment AND 100% of the health insurance premiums I was compliant. I didn’t even retain a lawyer except to look over the final decree. (Maybe that was a mistake.)

But we’d decided to do a collaborative divorce.

Yeah, the nice guy needs a lawyer. Take my advice, no matter how civil you think you’re going to be, no matter how cooperative and collaborative she is at the beginning when the shit hits the fan, the one with the lawyer wins.

No one is going to take care of you in divorce. Your ex will make selfish decisions and continue to make selfish requests couched in “the best interest of the kids.” Bullshit. If it’s about “primary caregiver” or “primary nurturing adult” I was both. She was the mom, yes, but she was emotionally unavailable to the kids – sort of still is. I was the emotional heart of the clan. She was the accounting and hard ass board member.

Go for 50/50 if that’s what you want. You might not win, but you won’t regret it if you lose. I regret it that I gave up in the name of “doing what’s best for the kids.”

Perhaps it does not have to go this way. Perhaps there are goodwill collaborative divorces. And I’m sure there are. Ours was supposed to work out that way, but things don’t always go as planned.

My first big loss was in being refused 50/50 custody and 50/50 parenting time. This will continue to be an issue that I feel frustrated about the rest of my life. I should’ve had my kids 50% of the time. That’s how we parented. Why was I suddenly a lesser parent (non-custodial) and the only one required to pay the other person? What if I lost my job? Well, we were gonna find out about that one soon enough.

Here’s my belief. If you parented cooperatively and intend to divorce cooperatively, great. Get a lawyer. And if you want 50/50 custody and parenting, ask for it. No, better than that, FIGHT FOR IT. It turns out the courts are more likely these days to give 50/50 requests

In my case, I waived the right to an attorney. And when our high-paid counselor said the 50/50 parenting plan I presented was just “not what she would get if you went to court” I lost everything. I lost the house. I lost the money. And most importantly I lost the time with my kids. The time when they were in their tenderest years.

Well, fuck that. Go for 50/50 if that’s what you want. You might not win, but you won’t regret it if you lose. I regret it that I gave up in the name of “doing what’s best for the kids.” It wasn’t. It isn’t. And I should’ve fought for it.

The Off Parent
@theoffparent

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Divorce Support: For the Children *and* the Parents

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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.

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.

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.

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?

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?”

No answer.

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.

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)

Sincerely,

The Off Parent
@theoffparent

this post recast in a poem: please stay gone

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No Divorce Expert: But If You Parent 50/50 You Should Divorce 50/50

OFF-doghouse

I’m kinda sick of the divorce experts and family law (meaning un-family law) solicitors who are hovering around the business of divorce. The only problem is, it is a business. And divorce is a business decision. And without some good counsel you might get screwed. Still, calling yourself a divorce expert sounds really stupid to me. I want to ask them, “Oh, so how many divorces have you been through, and which one turned you magically into an expert?”

I’ve been divorced twice. And what I can tell you is, I’m no expert, I’m no advice columnist, I’m no self-help blogger. If you’re heading towards or in the middle of a divorce I recommend you get some help on your side. And providing your are not in a high-conflict divorce situation, you might include your future-ex in the discussions about finding counsel. That’s not exactly how the sequence went down in either of my divorces, but that ultimately became the intention and result. We wanted to collaborate on our divorce not drag each other through the legal halls shedding thousands of dollars along the way.

So we decide to divorce, or one person decides, and then we divorce. Our kids world’s are split into two parallel universes.

Here’s the big ah-ha for me about divorce: If one partner wants a divorce there’s not much hope for a reconciliation. In the case of my second marriage, when the partner has consulted a divorce attorney before raising the issue with you, you’re pretty well on your way to being handed a divorce whether you want it or not. I didn’t. It didn’t matter. We’re divorced. I’m getting over it.

The second ah-ha about divorce was: how you got into the divorce process is probably how it’s going to go. In my case, if my then-wife had gone to see an attorney, even while we were actively in couple’s therapy, there is some sort of major emotional disconnect that is not going to be resolved in the divorce. But knowing this is where she was coming from, that even with a counselor involved she was not able to get her needs met, I was able to let her go more easily. I knew that nothing I had done had caused her to seek divorce. In fact, I was doing everything I could to keep the marriage together. I was working harder. I was improving my chore-tackling attitude. I was trying to be more empathetic to her complaints. But the complaints were getting longer, and it seemed like our therapy sessions stayed focused on these surface “You didn’t do” issues rather than the kind of tectonic hurts that drove her to seek divorce advice before letting me know she was leaning away from our marriage. I was shocked and hurt when she admitted the fact in therapy, but I immediately had a better understanding of this person who was asking for her exit pass.

If you’ve got kids you’ve got to make them the focus of the hopefully-peaceful divorce. In our case the kids did come first, though I might have negotiated things differently had I been less empathetic. Heading into the new kind of therapy sessions, the one where you are writing the rules of your divorce, I was disoriented and depressed. We even stopped the negotiations for a week as I made my case to my wife about why I didn’t want the divorce. We then moved along towards a parenting plan with her help. At least I got the moment of pause and reflection. But I could see in my wife’s face and hear in her responses, that she was done. Done done. Not just done.

So we quickly moved to the logistics of the divorce. I came with a plan to go for 50/50 custody. My wife had other plans. And unfortunately in my state, Texas, the laws were very much on the mother’s side in 80% of all divorces. I understand from my lawyer (who I hired last year to protect me from my ex’s unreasonable child support demands) that in 2014 things are looking up for the dad who wants 50/50 custody. It appears the judges are more likely to hear both sides of the story and make a ruling that is based on desire and fairness rather than legal precedent.

And somewhere along the way, perhaps when things looked a bit more locked up than she was used to, our “impartial counselor” suggested to me, “That’s what she’ll get if you go to court.”

Unfortunately I got divorced in 2010. The legal precedent was with the mom all the way. And our divorce counselor quickly moved our discussions to how things would look with me being the non-custodial dad, and how the “time was not really all that different.” What I did not know, and I did not have an attorney tell me, so listen up: if I had gotten 50/50 parenting, as I wanted, I would not be forced to pay child support. We would do our own thing, we would pay our own way, and we would part as 50/50 responsible co-parents, just as we had parented. But that’s not what happened.

I did my research. I brought books and selected copies from those books to our sessions. I drew up some creative 50/50 schedules. And I was politely humored, but somewhere, in the cabal of women, they both knew I would give in to reason. Or the powerfully sounding, “In the best interest of the children.”

Wait a minute.

I understood that the kids needed both a mom and a dad. And I also understood that at the moment my soon-to-be-ex was making more money than I was. And I was paying this counselor to represent my side of the case as well.

And somewhere along the way, perhaps when things looked a bit more locked up than she was used to, our “impartial counselor” suggested to me, “That’s what she’ll get if you go to court.”

Yes, but…

Today I can look back and see I was railroaded. Perhaps in the name of efficiency and lowering the conflict I was given the verdict. Settle for non-custodial, or go to court and pay to be given non-custodial. This sucked. But again, I was depressed, I was living in my sister’s house, away from the kids, and I was desperate to get on with whatever life we would have after the business of the divorce was settled. So, I succumed. I agreed to the SPO and the non-custodial role that was offered to me. And the negotiations went pretty quickly from there. To be honest, I just wanted out of the meetings with my still-wife. I was still in love with her. I was holding back all efforts to plead with her. And her steely eyes showed me she had other plans. She was more prepared for the divorce negotiations because she had been thinking about it and maybe even planning her actions, long before I was aware there was a divorceable-rift in our marriage.

“This often happens to the dads,” our counselor told us. “They are not aware there is a broken marriage until the divorce is in progress. And they are often slower to accept the breakup.”

Um… Yeah. I was fighting from within the strength of my marriage one minute and then being told she’d already consulted an attorney, those are two different universes in my life. And I was struggling to let go of the first one and begin to accept the second one. The universe where she would go on to be with other men, where I wouldn’t see my kids every night, where I was going to be alone again.

Divorce is the most painful and life transforming thing that I’ve ever been through. Perhaps as each of your kids comes into the world your life is transformed, and you grow into a parent. But as a divorcing parent, you are looking at losing a good portion of your kid’s lives. No way around it. The pictures my ex-wife takes of the kids are always painful. The vacations they now take without me, with mom’s boyfriend, are always a bit tender. I don’t really want to see them. I’m glad they had fun. I’m very happy when they return. But it’s like a two different lives they lead.

If the other person is unwilling to give up 50% of their parenting time, perhaps they need to reconsider the decision to divorce.

So we decide to divorce, or one person decides, and then we divorce. Our kids world’s are split into two parallel universes. One that they experience with dad and one that they experience with mom. Suddenly they have two homes. Maybe a new person in their parent’s lives that they have to adjust to. And the stories they tell around the dinner table are no longer shared in both universes. There’s mom’s universe and dad’s universe.

As parents, divorced parents, we have to do our best to fill in the gaps alone. As our kids are away, doing other great things, we have to keep our chins up and our spirits positive as we look towards building our own lives, now separate from them and their mom. It’s okay, I’m not whining. We all make it. But there were are few things I didn’t know going into the early part of the divorce process. And this most significant thing, that our “divorce expert” failed to tell me was also the part that has caused me the most pain and drama.

The Two Laws of Divorce:

  1. Kids first
  2. If you parent 50/50 you should divorce 50/50

Without exception, especially if that is what one of you wants, you should push for 50/50 parenting. If the other person is unwilling to give up 50% of their parenting time, perhaps they need to reconsider the decision to divorce. That would not have made a difference in my then-wife’s decision to divorce me, but it would have had a significant impact on my ability to thrive financially post-divorce. I was asking for the half parenting for purely emotional reasons. I cannot say what my then-wife had in mind, but she’d gotten some legal advice by this time, and I had not. Perhaps that was my own fault.

Do not go into divorce naively. Get informed. I came to my divorce counselling meetings with books, information, scholarly articles, and I still lost the negotiations. Today I would not make the same mistake. And if I am telling you this story so you don’t make this same mistake, then good for both of us.

If you want 50/50 parenting, and are ready in your heart and mind to step up to the large task of co-parenting, then you should go for it. And for the health and well-being of your kids (if you are a mom or a dad) I hope you get it.

Sincerely,

The Off Parent
@theoffparent

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