So Unfair – comments from another reader

I have heard many complaints, over the years, from divorced dads regarding unfair child support payments! It is something that my husband and I have struggled with, too.  It is an issue that can be the death of the blended family.  Sometimes divorced parents will continually make this issue about them, and it’s easy to do so because your finances is something that shouldn’t be taken lightly. But, it’s not about what your ex doesn’t need; it’s about what your child needs. If parents always consider the best interest of their child, then there shouldn’t be a problem. So, divorced dads don’t be stingy with your money by not paying child support or paying less than what your child deserves. You are not hurting your ex; you are hurting your child. And, divorced moms, don’t try to empty your ex’s bank account. Remember, that your child still has to have visitation with his father, and he has to have a house and money to take care of his child during visitation. You are not hurting your ex; you are only hurting your child. With that said, read the following comments from one of my readers and my response to her.

sad step mom Says:
August 25, 2008 at 5:51 pm e

I agree that both parents should support the child. I don’t agree that only the non-custodial parent should be doing so. What do you do when a custodial parent lies about daycare, education expenses, dance classes and so on just to get more money because she is financially irresponsible. The court doesn’t even require proof of such things. But we don’t get to even know the name of the dance studio or the daycare. She even tried to get her ex mother in law to tell the court that she paid her weekly for daycare. Thankfully the Ex MIL said she would not lie in court. We pay a huge amount of money and have no say in the childs life. We are lucky to see the child 6 days a month. She has had numerouse contempt charges based on all of this but we still can’t get joint custody.

 My Response

Thanks so much for your comments! They are always greatly appreciated.

Let me start by addressing what I perceive to be issue number 1: most of the financial burden falling on the non-custodial parent. I whole-heartedly agree that the child DESERVES to be financially, emotionally, and physically supported by both parents. But, that does not necessarily mean that the support will be totally equal. In regards to child support, it is set up so that the child continues the same lifestyle that he would have lived if his parents stayed together. Just because you get a divorce or split from the mother or father of your child doesn’t mean that you are any less responsible for caring for that child. As such, if the non-custodial parent can afford to pay more (without breaking his bank, of course), then he will likely do so. The child support system, in most states, considers both of custodial and non-custodial parent’s income when setting up child support. I know it can sometimes feel unfair, especially when the non-custodial parent isn’t allowed to be as involved as he would like to be (trust me, I know firsthand). But, don’t misplace your anger; sometimes excess emotional baggage can cause us to do this. Meaning, if we are really really mad at the ex-wife/baby’s mama (justified or not), then any and everything she does or we have to do as a result, is wrong. Is your husband really the only one financially supporting the child?? Unless he is paying for her mortgage or rent (shelter for his child), her car payment (transportation to get his child back and forth), food expenses (his child has to eat), health insurance (health care for his child) etc., then he is definitely not the ONLY one supporting the child. I’m certain that it takes a whole lot more than what your husband is paying in child support expenses to raise a child. I don’t doubt that his monthly child support payments help out a great deal, but that’s what he’s supposed to do; whether he sees the child or not. One has absolutely nothing to do with the other. You can’t punish (withhold child support) the child because of something that his or her mom is doing.

In regards to issue number two- your husband not being able to see his child. I completely understand where you are coming from. It’s a hard pill to swallow to know that you are doing what you’re supposed to be doing, but you aren’t allowed to be actively involved in your child’s life. It’s unfortunate, but this part of the system is not set up to produce favorable results for the father, who is often times the non-custodial parent. As I explained in one of my posts, Judges seemingly have tunnel vision when it comes to these family law issues. They assume that all dads are deadbeat dads and the moms are helpless hard workers who only want what’s best for the child. When the truth of the matter is that many dads just get tired (or run out of money) of fighting. It’s extremely taxing on the dad and the child. Not to mention, that there are many moms who could care less about the best interest of their child; they are more interested in just sticking it to the ex. I’ve worked and am still diligently working hard to change this. They have to start viewing these cases on an individual, instead of a generalized basis!

With that said, your husband certainly has a right to be informed and involved in his child’s life. I would suggest getting a good attorney to set up a visitation schedule that is in the best interest of the child.

Justice for Some, Not All

I’ve experienced many family law disputes over the past several years and if nothing else, I’ve learned two things about our wonderful legal system: the justice system isn’t that just at all and money talks. The legal system simply doesn’t work because the rules that exist within it are supposed to be fair. It works because of the attorneys that persuade the Judges to interpret the rules in a manner that proves the most benefit to their client. In addition to that, the attorneys work best for you when they are paid a lot of money. Simply put, the legal system was not created for the average person, with average money, to endure.  Have you ever heard of the saying “you get what you pay for?” If you have little to no money, you get a wack attorney, and a wack attorney produces wack results. As a result, you are left with a legal problem that leaves you financially, emotionally and mentally drained, not to mention less than favorable results.

 

My husband’s case is one in which little to no money got him a less than favorable attorney and less than favorable results (that’s putting it nicely). His ex-wife is an attorney who often uses her connections with the legal system to continually strip him of his paternal rights. Before you assume that I am being paranoid, consider my initial statement about our legal system. It truly doesn’t matter what’s in the best interest of the child. It’s about who can make the best case, and more importantly, who has the most money to keep up the fight. And, if you don’t have enough money to hire an attorney at all, then you can just hang it up because the Judge is not trying to hear YOU.

 

At any rate, my husband has been trying, to no avail, to get increased visitation with his son for quite some time now. The first couple of times we went to court we had an attorney that must have graduated at the bottom of his class, and his representation was indicative of that. All we requested was visitation in June and July instead of June and August, due to a conflict in both his school and our work schedules. However, her attorney convinced the Judge that it was in the child’s best interest that he spend more time with his friends (and for some reason July was the only month he could do so) instead of spending that time with his father. We fought back and forth for quite some time, but lost the fight once we ran out of money (we had actually used it all on my case, but we’ll talk about a little later). The next family court dispute we encountered was when we wanted to take his son to our Mexico wedding. One would think that this would be an easy decision for the Judge. Of course his father would want him to be at his wedding, and the Judge would agree, right? Not! Once again, her high-powered attorney beat out our inexpensive attorney on the grounds that the child might get sick and there would be no hospitals nearby to take him to. I’m not kidding. Now this child doesn’t have leukemia, bone cancer, a rare heart disease or anything like that. He had a simple peanut allergy that my husband and I had been tending to for years at this point. Furthermore, it sickens me that my husband had been the child’s primary caregiver for years before I came along. As a matter of fact, they had agreed that he would have custody of him up until I stepped into the picture. As soon as that happened she all of a sudden wanted to be mother of the year, claiming that if she gave my husband custody, then she wouldn’t have as much access to him. They also had agreed, prior to my arrival, that she would pay child support because my husband took out and was paying on the loan for her law school education, and he was also the one who was taking care of the child!  Why didn’t the Judge take any of this into consideration? It seems as if most Judges have tunnel vision. They expect most fathers to be like my ex (we’ll get to that later) so they treat all these cases the same. All fathers don’t work hard to avoid paying child support. Some actually care about their children and want what’s best for them. I’m not even saying that the Judge should’ve granted my husband custody on this basis, but he didn’t have to treat him like he was a deadbeat dad.  But, once again justice prevails for those who have the most money and power to withstand the fight.

 

My case, on the other hand, turned out a bit different. My ex is one of those people whose main objective is to avoid child support and responsibility for that matter. To this day, he tries to falsify his income so that he doesn’t have to pay a fair amount for child support, but he’ll get his. Hasn’t he learned by now that you can’t pull one over on me??? Better yet, why would you even try after the last battle that you lost in court?

 

 At any rate, initially my ex caught me off guard by serving me with a notice to appear at an emergency hearing regarding visitation with our son. He alleged that I wouldn’t let him see our son, which was partially true. My ex would pop into town after being gone for 10 months out of the year (he’s an overseas basketball player), on a moment’s notice, wanting visitation with our son. If he was in summer camp, he wanted to remove him because he thinks the sun rises and sets on his ass. Not to mention, he had lied to the court so he wouldn’t have to pay a fair amount for child support, and my son didn’t know him well enough to even WANT extended visitation with him (this alone should prove that my ex was never around prior to this little stunt he pulled). Now, his request for visitation would not have been a problem if he was a consistent parental figure in our son’s life, but he wasn’t.  

 

 

 

I didn’t have time to get an attorney. He had me served literally 40 minutes prior to the hearing – you got off. But, like I’ve always told him, “don’t start a fight with me that you aren’t prepared to finish.” He should’ve thought twice before faking his little temper tantrum to look like he was a concerned father just to impress his little girlfriend. I found the best attorney that my $2,000 retainer fee would buy, and I was prepared to finish the fight he had started. At this point, my ex was paying child support every now and then, and he only saw our son for about a week of nonconsecutive days in the summer. By the way, he saw our son as much as he wanted to. Something else was and still is always more important than him. If I was away from my son for 10 months out of every year, I would at least dedicate those 8 weeks to him. Knowing that because I had not been there HE might not want to see me, but it wouldn’t keep me from trying to see him. I realize that he has a family (his wife and other son), but ya’ll can’t sacrifice for 8 weeks so that you can spend some time getting to know your son. Not to mention that he refused to adhere to a set schedule, claiming that he could not do so because his professional overseas basketball work schedule wouldn’t allow him to. At any rate, by the time the nearly year long battle was over he was nearly in tears due to the child support payment that the Judge enforced. She made his payments retroactive from the time he started lying about his income so he wouldn’t have to pay more money (which was nearly 4 years prior). And, visitation would be at my discretion unless he provided me with 60 days advanced notice prior to entering into the country. After it was all said and done, I ended up with a legal bill of over $10,000. However, it was worth it because money got me an attorney that produced the results that were in my child’s best interest.

 

Are you starting to see how this works? In the first case we had no money and our wack attorney produced wack results. In the second example, we were able to pay for an experienced attorney who produced great results. Either case was never really about the child. It was about which attorney could present the best case, and more importantly, how much money you had to keep that attorney engaged in the back and forth arguing that is often necessary to persuade the Judge.

 

As a result, it’s a shame that serious decisions regarding children are generalized in this way. After all, the Judge and attorneys claim that these family court laws and regulations are designed to protect the interest of the child. For some reason it’s hard for me to believe that.

 

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I pledge allegiance to the flag of the United States of America and to the republic for which it stands, one nation, under God, indivisible with liberty and justice for SOME!

 

 

 

 

 

Divorced Dads

Prior to meeting my husband I had knowingly formulated a tawdry stereotype of the divorced father. He was a man who wore high priced clothes, drove fancy cars, and lived in a lavish home, with his new wife and their children. His main objective was avoiding child support payments, and he didn’t have an ounce of paternal feeling in his entire body. Having lived through my own experience with my ex, my stereotype had been confirmed.

 

After being exposed to my husband, and his anguish as a result of being unwillingly separated from his son, I was forced to look at the topic of divorced fathers a bit more objectively. I soon realized that not every divorced father was like my ex, and just maybe some of these men were or could be truly great fathers – if given the chance. I had never contemplated the devastating consequences of losing the right to live with your child that some men might feel. After all, I have personally witnessed my husband’s agony after missing important moments in his son’s life that has left him feeling more like a visitor than a parent.

 

Contrary to popular opinion, failed relationships don’t necessarily equal bad parenting. It seems as if some men, including my husband, are punished for their marital break up. Even though it is often in everyone’s, including the child’s, best interest for a bad marriage to end in divorce, it doesn’t mean that the importance of either parent should be overshadowed by feelings of bitterness.

 

The bitterness of my husband’s ex- wife forced him to endure an arduous divorce which has essentially stripped him of his fatherhood. Court battles have left him not only heartbroken, but with both an unfair visitation and child support payment schedule to match. Despite many failed attempts to remain the involved parent that he was prior to the divorce, my husband’s love for his son is continuous. Although he is mentally drained by the constant court battles regarding visitation with his son, he remains optimistic about the day when he will be able to have a relationship with him that doesn’t include his mother and her bitterness.

 

And so, I am glad that I took a moment to delve into the topic of divorced fathers. If I hadn’t done so, I would have been left with a narrow minded view of this caricature who I had clearly envisioned before reconnecting with my husband. Additionally, I might not have ended up with this wonderful husband and father.

 

Blended Family Marriages

When newlyweds without children get married they often spend the first few months, if not years, bulding their relationship.  However, couples who enter into a ready-made blended family are often more concerned with their children than we each other during the first several years of marriage. Don’t get caught in this trap! Blended family newlyweds need to spend time together building strong marital bonds just like any other traditonal couple. Schedule regular date nights with your spouse; take vacations without the children; and take every moment to remember why YOU TWO fell in love in the first place. Taking these actions will ultimately benefit your children because you are building a strong stable home environment in the process.

My Ex’s New Wife

Before I met my husband’s ex-wife I wanted to believe that she would behave as admirably as I did when my ex remarried, but that didn’t happen. So, if you’re reading this, take note.

 

 Even though my ex and I decided that we would always put our son’s needs first, and work hard to facilitate a relationship with both parents, it was much easier said than done prior to both of us remarrying. At that point, I realized that I was not responsible for facilitating the relationship between my son and his biological father, but he had to be responsible for that. Additionally, I had to put forth my effort into my husband and family, and he had to do the same with his. And, hopefully some way, some day, we could create two households that worked together, but separately, if that makes sense. Well, when my ex remarried it became difficult for me to adhere to my preconceived notion – mainly because my ex went about things totally wrong prior to getting married. Our son was only 3 years old and he hadn’t seen his father in 10 months (remember he plays overseas basketball). My ex popped up one summer with a new woman and said that he was getting married. He sprung this on my son in a 24 hour period. Keep in mind that my son is very young and already confused by the fact that this man, who we tell him is dad, but he hasn’t seen in a year, is all up in his face. But now, he has to deal with the fact that mom and dad aren’t together anymore (we usually lived together once he returned), and not only that, I have a new mom now too. I thought that he would’ve been more sensitive to our son’s feelings. I thought he would’ve talked to him first about the changes that were going to take place, but he did none of that. As such, as you can imagine, I was pretty upset by that because I knew how it would affect not only my son, but the little relationship that they had. My son immediately became standoffish and completely turned off by his father. Not to mention that he didn’t know this new woman who he would now refer to as his stepmom. It was way too overwhelming for a 3 year old.

 

With that being said, I had a difficult time initially accepting my ex’s new wife. I wondered about her moral character. Didn’t she ask her new husband about his child? Didn’t she wonder if he had told him about her? Why would she want to enter into a family on these types of terms? From there, I began to question how this type of person would be toward my son since neither of them were being the least bit sensitive to his needs and feelings. However, I did this without even talking to the woman, and I must admit I was wrong. I finally realized that I might as well accept this new family structure because it wasn’t going away. At that point I began to make a concerted effort to see the good qualities in his new wife, and I was pleasantly surprised. His new wife had an amazingly positive impact on both my ex and my son’s life. My ex began sending birthday and Christmas presents when she came into his life. She was surprisingly nurturing and loving with my son. As a matter of fact, my son has a better relationship with her than he does with his biological father. I am so grateful that he chose someone like her. Having said that, I don’t want to lead you to believe that we agree on everything, we don’t. But, our respect for one another is mutual. I respect the fact that some of her decisions are based solely on what’s best for her family and vice versa.

 

At any rate, after 7 years she and I not only communicate much better, but we understand each other better too or at least we make an effort to do so. It’s been a learning process for me because after a careful self-examination I had to realize that I was beginning to do to her what many do to second wives, and that is to use her as a scapegoat for my issues. I quickly had to do a reality check, and remember my tough position as a second wife to my husband. I had to recognize the fact that she would be the one comforting at bed time, fixing my son’s favorite meals, transporting him to certain activities, and attending school functions, and she does all of that and much more. As such, I had to give her the respect as the mother figure in my son’s life that I have been demanding in my life as a second wife and stepmother.

 

Although we haven’t completely worked out all of the kinks on this side of my blended family, it has gotten soooo much better over the years. Once again, I am grateful that my ex picked a woman that has enough patience, grace and intelligence to handle the many obstacles that a blended family faces. I must also pat myself on the back for seeing past all the bad mistakes that my ex made to find some of the good that now exist within our blended family.