Trusting Your Unreliable Ex: As a Single Dad I Had No Other Option
The course of divorce is long and winding. You have good weeks, good days, maybe even good periods, but something is bound to come up. At some point during my 5.5 years of being a divorced dad and co-parent to two great kids, my ex-wife decided that rather than negotiate and work with me on the money part of our contract, she would file everything with Attorney General’s office with the state of Texas. I’m sure, somewhere, she thought she was doing the right and responsible thing.
That action has caused repercussions in my life, chronicled here in this blog and thought the time since being listed as a dead beat dad. Not because I was refusing to pay, but because I had lost my job and was unable to pay child support and keep a roof over my head. But at that time, she was not concerned or even considerate of me, the father of her children. She wanted her money. And some part of her afraid mind made her feel threatened enough to turn me over to the state to deal with.
The consequences of that action now carry a weight in our relationship that is hard for me to ignore. I should forgive and forget, right? I mean, “in the best interest of the children” I should always strive to be positive and accepting of my ex-wife and her requests. But there’s this sword that’s kind of over my head. I suppose if she got mad she could get the police to arrest me and put me in jail for back child support. It’s not that I’m hiding the money. It’s not that I diverted any of my income to extravagant luxuries, or that I squandered away money that should’ve gone to her. No, she’s simply entitled to the money, due to the contract we agreed to when we got a divorce, and she wants the fucking money.
I tried, and am trying to work out the details yet again with her. But now we don’t have any way of negotiating between us. If we wanted to change anything it would require lawyers and more money. And yet we have to continue parenting together. We have to put the loving parent face on for our kids. And we have always agreed to keep money disagreements out of the parenting work and out of our kid’s lives.
And yet, there it is. I have a huge black mark on my credit that hinders me in getting a car, a job, a rental house. And I won’t get that mark off my name and credit score until I have paid her in full, all the child support she is owed, past, present, and future. But here’s the rub. That was ALWAYS my intention. I have never attempted to hide or keep secrets from her regarding my work or my commitment to pay. Yet, in spite of my pleadings with her, and in spite of my promises and agreement to be more transparent about my financial plans, she brought in the state to account for my delinquency.
Maybe it was a punishment and she was mad. But today it gives us no room to discuss other options for payment, or delays or transfers to other things that the kids need money for, like summer camp. Nope, the state knows the divorce decree and any changes will require legal fees. So I’m a little stuck. When she said something like, “And we can talk about reducing the child support accordingly,” as it relates to the story below, I have to wonder… Does she get it? Does she register it was a mistake and now limits us and severely limits me for the next 6 – 7 years?
I don’t know. But it puts a bad taste in my mouth when she asks for changes and hints that we could offset some of the money I owed. Because we BOTH KNOW that THAT IS NOT GOING TO HAPPEN. She’s happy to let the clock roll and her money clicks along, rain or shine, regardless of what job I have or if I am able to have a place to live. Again, I understand her priority to protect and provide for the kids, but their OUR kids. And my health and welfare are also in the equation when measuring out the relationship between the four of us. She obviously doesn’t see it this way.
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My ex asks for things, and she’s good at it. She’s always asked for what she wanted, regardless of the cost, regardless of the consequence. I think the divorce happened a lot along with those patterns as well. And were at it again.
So, it’s easy to ask for an adjustment in the schedule. And two years ago when she was dating a new man I agreed to alter the parenting plan to her alternating weekends so they matched up with his weekends. I didn’t need to do it. I actually lost my occasional double weekend in the bargain. But there was no reason I could think of to deny her request, except to be mean.
And more recently, she’s been asking to switch up the parenting schedule in a big way. To go on a more “week-on-week-off” schedule. The reason, she says, is to alleviate the multiple house changes each week for the kids. And yes, there is some frustration about the constant moving, but I don’t think that’s the real reason she’s asking for the change. It could be. But I’ve come to be skeptical of her good faith requests, they usually pack something underneath.
Now, I don’t think she’s suggesting this new schedule to be mean, or to upset the growing relationship in my life. But I also, don’t fully trust WHAT she is asking for.
Here’s my take. She’s tired of having the majority of the school morning parenting. It’s hard. I get it. She’d like a break. She’d like me to take more school mornings. Just as she’d like me to be more attentive, more responsible, and better at helping out. “Wait, that sounds like when we were married.”
In the bargain, that I cut in the closing days of my marriage, I agreed to the standard possession order (SPO) and non-custodial parent role. I was asking for 50/50 parenting back then. But that would’ve been a very different outcome. As it stands, I am obligated to pay her 1,150 per month in child support for the remainder of my kids pre-18 years. And for that hefty stipend, I get less time with my kids. I guess so I can go earn the extra money.
Okay, that’s the way it is. And then she felt it necessary to file with the Attorney General’s Office to enforce the child support, even though I was talking to her and never trying to withhold any money that I had. So that’s put us in a difficult (correction) that’s put me in a difficult situation. She’s owed the money if I have a job or not. She’s owed that money, AND I’m responsible for the kids’ insurance as well.
She even hinted that we might consider a reduction in payments if we went to this new schedule. (Something she’s never mentioned before. Even as she’s hiding behind the AG’s enforcement.)
It’s hard to trust your ex-partner when they have done so many things to hurt you. When they have put the state’s attorney on you that allows for zero flexibility and zero negotiation. So as far as that money is concerned, it’s hers and the state will extract it from me and tack credit crushing levy against me until I’m caught up again.
So in that light, she’s asking to get fewer mornings as the custodial parent. She wants the money, the 50/50 schedule, and it’s really because of the kids.
I’m not so sure and I’m even considering giving back the off Fridays. If it’s about the kids switching, we can reduce that. But if it’s about the school day hardships, well, she’s already taken most of that early school years from me, so she can deal with more of the teenage years as well. I mean, as long as I’m paying for her to handle more of the kid care, at least I should get that benefit.
Yes, it is because of the kids. Yes, I would like to make my kids happier about transferring from our two houses less. But there are ways to do this that don’t involve me taking on more days in some vague promise of reducing my child support payments. And I’m standing firm that this request is about the kids and her. And my response will be most appropriately focused on the kids’ request rather than hers.
It’s hard to keep up the positive attitude with so much sludge under the bridge, but that’s the only choice I have. But when she is requesting a major schedule change, this time I’m going to remember MY requirements, and also what’s best for me.
The Off Parent
@theoffparent
back to The Hard Stuff
related posts:
- When Did Our Halos Lose Their Sparkle? A Marriage Comes Apart
- The 1st and 2nd Time I Knew My Marriage Was Finished
- The Crushing Impact of Emotional Infidelity on My Marriage
- I Was a Happily Married Man, and Now I’m Not: Tiny Hints of Doom
- Am I Back? What’s New, What’s Changed, What Will I Do Differently?
image: our stones, rebecca partington, creative commons usage
Wait. I’m the Father of Your Children, Remember?
When my business hit the skids about three years ago I had to fight to keep my house. My ex-wife grew impatient with my excuses. “I’ve got bills to pay, too,” she said. “Kids come before our needs,” she said. I pleaded with her to be patient. “My setback is temporary, I will get caught up as soon as we replace the anchor client.” I lost the fight and I lost my house. She didn’t care. She wanted her money. The kids money. She was mad and mad about it.
It seems to me, women go into divorce knowing they have the advantage. That’s why my then-wife went and “checked on her options” with an attorney, before she ever told me.
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Then when I tried to schedule a team meeting about the kids, she would defer with this type of statement. “When can I expect the money?” And she would refuse to give me the time of day unless I could answer that question. The problem was, I couldn’t answer. So rather than lie and fail, I said, “I’m not sure.”
What is it that made her so mad? How did the money become MY problem and not a shared problem? Didn’t she get the house? Didn’t she get custody? Didn’t she get the money she wanted? Didn’t I have to pay for the kid’s insurance as well? What did she have to be impatient about? Impatient enough to throw the AG’s office at me?
It seems to me, women go into divorce knowing they have the advantage. That’s why my then-wife went and “checked on her options” with an attorney, before she ever told me. Even though we were in couple’s therapy, she kept that critical little detail from me. Why? So when she did get her ducks in a row, she could spring it on me, creating a tactical advantage.
The summer I left my house I was disoriented, homeless, and missing my kids with an empty feeling. And missing my kids about 70% of the time. She literally got everything. She got the package deal. Why is it we think this is still “in the best interest of the kids?” It’s not. It’s in the best interest of their mom, but against the good will and good fortune of the father.
Dad’s asked to leave the house, leave a hefty part of his paycheck, and most of his parenting schedule. There’s no science behind this equation. It’s just “old school” divorce.
Today she still has the sweet end of the deal. She’s still got the house, that has tripled in value. She still gets a hefty paycheck from me, tax-free. She gets the child tax credit.
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Today, you can fight this bad deal. And even if you vow to do a collaborative divorce, you need to know that around the money issues, things will get tough. It’s as if she was threatened by the money. Like she was fighting for her survival. I can understand this while the initial negotiations were going on, but three years into the deal, her deal, she should’ve been able to lighten up and realize she got the sweet end of the deal.
Today she still has the sweet end of the deal. She’s still got the house, that has tripled in value. She still gets a hefty paycheck from me, tax-free. She gets the child tax credit. And she’s still asking me for more money for stuff. Nope. Done. She’s had her fun. There are at least 5 more years until my second child is 18. And that’s a lot of money.
I feel like the expenses should be shared not just thrust on the dad. And when he loses his house, the financial burden becomes even more difficult. How could my wife then file our divorce with the AG’s office? It was as if she were turning me in for collections.
- I never said I was trying not to pay her.
- I begged her to pause and consider her actions and the damage it would cause me AND the kids
- I showed her my income statements.
- I told her I was trying to save my house from foreclosure.
She still filed against me with the AG’s office, effectively listing me as a dead beat dad. I had never been doing anything but trying to accommodate her demands. Today she would tell you that I was saying I wasn’t going to pay her. Today she would tell you that she was protecting the interests of the kids. Really? What about the interest of the breadwinner of the family?
When you divorce you both want whats best for the kids. But don’t be blinded by that rhetoric. Your ex-wife wants whats best for her.
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So my ex-wife filed her grievance with the AG’s office. So she could ENFORCE her judgement against me. Wait, what? It should’ve been our collaborative agreement that outlined the best case scenario for our finances moving forward. Then with honest communications, it should’ve been adjusted as our situations changed. It was not. I still owe my ex-wife $1,200 a month for two kids. AND I’m paying another $1,200 a month for COBRA health insurance. AND she get’s the child tax credit? Something is not right with this situation.
But it takes money to consult with an attorney. It takes money to save money. And somewhere in my sad dad bones I’m being mean. But that’s not really fair, is it?
When you divorce you both want whats best for the kids. But don’t be blinded by that rhetoric. Your ex-wife wants whats best for her. And no matter how collaborative you are, no matter how much of a good dad and good guy you want to be, there may come a time when she’s going to press charges on you and coerce you in to giving her the money. Even when you tell her she’s going to get her money.
I still tell my ex-wife I will catch up with the money. Even when we should’ve been splitting the costs all along. She’s considering letting me buy the kids their cars and forgiving the judgement that she has against me. That debt sits on my credit as a lien to the State of Texas, Child Support Division. You know what this says about me?
I am a deadbeat dad, even if I’ve paid every single month I’ve had an income. Every single month. She doesn’t get it. And she’s paid nothing to me.
Respectfully,
The Off Parent
@theoffparent
< back to The Hard Stuff posts
related posts:
- Bang! The Lies My Wife Projected On to Me
- You Are Ahead by a Century
- The Painful Business of Divorce
- Your Contempt for Me is Hurting All of Us
- The Humans Of Divorce, Dear AG’s Office Special Cases Officer Mr. McK!
- And Just As We Reach A Calm Moment
- What I Still Fail to Understand About My Ex-wife
- When Kids, Money, and Divorce Collide
- Trusting Your Unreliable Ex
image: interview bee, creative commons usage
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Divorce Support: For the Children *and* the Parents
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.
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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?
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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.
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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
back to The Hard Stuff
related posts:
- My Divorce: A Searching and Fearless Moral Inventory
- Waiting for the Other Person to Change
- Love, War, Divorce: Why I’m Not Fighting My Ex-Wife About Custody
- Terms of Surrender: Our Divorce Papers
- No Divorce Expert: But If You Parent 50/50 You Should Divorce 50/50
image: thai boxing | the boxer, marshall astor, creative commons usage
Maybe My Unhappy Ex-Wife Is Simply Unhappy
Last night I attended back-to-school night for my son. And of course, the ex was there. And I had a big realization, as I was looking over at her, she just looked unhappy. At rest, she looked unhappy. Glued to her text messaging phone, she looked unhappy. Any time she wasn’t being engaged by another parent, she looked unhappy. And a lyric from a recent favorite song came to mind
You’ve got that special kind of sadness
You’ve got that tragic set of charms
And it occurred to me, perhaps that’s part of what I was drawn to, back in the day. Not a rescue, per se, but someone who might need me. UG! Let’s update that bad idea and move forward.
This morning she sent a check-in email. And completed it with this sentence. “Any news on your house?” I had been threatened with foreclosure by Wells Fargo and the date for the sale was yesterday.
I replied that I had been given an additional 30-days to complete the paperwork, crisis temporarily averted. And things are looking up.
Her next response was more to the point. “I know it’s terrible timing for you, but I had to go ahead and file with the AG.” Oh, yay. So, the logic goes, he didn’t have to declare bankruptcy, let’s start drilling for child support. There is no question that I owe her the money, I’ve never asked for a reduction or said I wasn’t going to pay. Still…
Okay, so the one good outcome I can see from this. I will not accept or respond to another money email again. We put the AG’s office between us. But I tell ya, unless she’s going to start having me arrested, there is no extra money here. I’m not hiding anything. I’m working and looking for work. And I really don’t mean to be whining, but perhaps I am. Busting ass to get back on the high-level of earning that I’m used to, and I’ll get there. Today, that is not her concern.
Well, let’s see how this progresses from here.
Sincerely,
The Off Parent
< back to The Hard Stuff pages
related posts:
- My Divorce: A Searching and Fearless Moral Inventory
- Waiting for the Other Person to Change
- Love, War, Divorce: Why I’m Not Fighting My Ex-Wife About Custody
- Terms of Surrender: Our Divorce Papers
- No Divorce Expert: But If You Parent 50/50 You Should Divorce 50/50
resources:
- The Divorce Library (reading list)
- Songs of Divorce (free listening library – youtube sourced songs)
- Laugh It Off (building a resource library of funny videos and other diversions)
- Facebook (follow us on Facebook and keep up with all the conversations)
- The 5 Love Languages (a book on love styles by Gary Chapman)
Some stronger lyrics to express my goodbye to the drama.
So break me down, if it makes you feel right
And hate me now if it keeps you all right, so,
You can’t break me down if takes all your might
Cause I’m so much more, than all your lies!