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So BM and her attorney finally send the agreement

futurestepmomnowstepgf's picture

Which was a good and a bad thing. So first her attorney got some things wrong that BM did not catch such as the wrong year they were married (says a year before they were) and put their child's middle name wrong, easy fixes. Then there are some things added in there that were not discussed at all and then there are things that are not what they already agreed upon. We think BM has been waiting till the last minute hoping bf will just agree on everything to get this done.

1. The biggest one my bf has a problem with: lists that they split the cost of a cell phone for their child and that if it is taken away for disciplinary reasons that the other parent must be informed and there to be another form of communication made available to the child to contact the other parent....My bf was like no I am not agreeing to get a 3 year old a cell phone, not splitting a bill with BM, and giving BM a way to track what we are doing on my time. Plus what is there to stop BM from picking the newest most expensive phone and plan with bf having no say or even for BM to use it as her phone on her time.

2. BM to claim their daughter every year on taxes... They had agreed to alternate years to claim her. My bf and I came down to if BM let's bf claim her this year since he had her for majority of the year, then she can claim her for the other years. 

Those were really the two major things, other things were added such as if BM does not move this June like she is planning to then if it is not a burden on my bf and he agrees then bf will let their daughter go with BM to do day trip things and to split their daughter's birthday if she is still in VA. Fine, whatever. Then it was added in the communication part like many of yours about to have reasonable communication via phone and skype with the other parent when she is not with them. Rather have that then a written schedule of time and dates like others on here. It was interesting in there that it also says to have reasonable communication with BM's older child, which to me is kind of stupid because when bf's daughter is with us, BM will be with her other child and they can both talk to bf's daughter, but whatever. 

So all in all, nothing too crazy, but the cell phone part. My bf feels that should be something discussed down the road when she's older not now and I totally agree. For all those keep going on about CS, the way the agreement is written right now is it is illegal to have in there that no party ever pay child support, but that the parties agree to not file for child support now or in the future. Which as we all know, can change any day, any time, etc. but for right now they are both responsible for their daughter on their own time. Bf's daughter will stay on bf's medical insurance and it says they will split any costs not covered by his insurance. The tax thing would be re-addressed too if BM files for child support so that is why I told bf not to let it be a hill to die on especially when after September 1, BM will have primary custody. This afternoon my bf and his attorney will be going over those things and then hopefully BM doesn't make the phone thing a hill to die on and we can get it all done since court is scheduled for next Tuesday and if they can't agree on that, then they have to file for a continuance, etc. which we really don't want to do.

On another kind of funny note, my good friend texted me yesterday asking what BM looked like because her and her husband were in Target and heard bf's daughter's name (which is a super unique name) and heard the woman also call another child BM's older child's name. They sent a photo of her and I was like yep that is her. To which they told me they both agreed bf did WAY better with me, that BM is a giant (she is as tall as bf and my friend's husband) while my friend and I are short. They also offered to slash her tires and I said nah, no thanks BM already tried to blame bf and I when her car was keyed last year and we had nothing to do with it. I did tell them to instead ask her to sign the papers (at this point bf hadn't gotten them back). Anyways, it gave me a laugh and made me feel really good about myself. 

Comments

tog redux's picture

The cell phone thing is absurd. She's 3. Why are cell phones even on her radar?

I agree that since he won't be paying her CS (maybe) even when she has the child 10 months a year (after the moves) that it's reasonable to let her claim the kid every year.

futurestepmomnowstepgf's picture

To my bf and I that is something to be discussed when the child is like 10. My bf and I don't just set his daughter up with electronics like BM has admitted how she always has her "tablet" at her house, but that's fine for BM's house, but we are not wanting a 3 year old to have a cell phone to access whenever, then plus the added "need to communicate to the other parent when it is taken away because of disciplinary actions," no, no, no we are not doing this daily inform the other parent of such things especially when by June this year, they will be living in different states.

Yeah the whole child support thing is like a well it says they agree to not ask for it, but there is nothing stopping for BM filing the next day after this is all done. Yeah we agreed the only thing that he will not agree to is a cell phone. BM wants her to have one? Fine she can pay for it and keep it at her house.

justmakingthebest's picture

HA! That is an awesome friend to offer up a tire slash! 

ROFL

As for the cell phone- yeah, 3 yr olds don't need cell phones. That is stupid. PLUS, there is no control over what plan and what company she signs her up for. Prepaid plans can be as low as $23-30 but if she is on her Verizon plan it might be $60+. Nope, just nope. That needs to be taken out completely. 

Taxes though, I would fight that hard core. MOST judges will award every other year if it comes down to being settled in court. Being able to claim her will make a big difference for you down the road. You still have 15 years of rotating claiming her. If she was older, I would say let it go but you are talking thousands of dollars here. 

futurestepmomnowstepgf's picture

I commended her and her husband for being sneaky.

That is how we feel! BM wants her to have one? Fine, she can pay for it and have it at her house, but we are not allowing it in ours or are splitting it. The no control over the plan or phone part is one of the biggest reasons he doesn't want her to have one. I also don't want BM putting any parental nonsense on it that she can track what we are doing by tracking his daughter on my bf's time. Yeah absolutely not.

I agree except for like Tog said if BM will have her most of the time and my bf isn't paying child support then to let it go. If BM files for child support the judge will also modify the taxes and most likely would award every other year. My bf is confirming that with his lawyer today. If that is the case we will let it go, but we do want him to be able to claim her for this tax filing since he had her majority of the time.

justmakingthebest's picture

Ok, if no CS, then sure. However, getting taxes changed is a whole hell of a lot harder than getting CS or CS modified. 
I would make sure the clause says something along the lines of "As long as there is no CS awarded to BM, BM will claim the child on taxes every year starting 2020".