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Update to yesterday's blog

futurestepmomnowstepgf's picture

So bf talked to his attorney yesterday afternoon and he agreed that the cell phone bit was ridiculous for a 3 year old especially when it was never discussed previously. The attorney said on the taxes that he would ask for the language to be changed that BM could claim her for taxes while she does not try to seek child support. He agreed about trying to get bf to be able to claim his daughter at least for this year’s tax filling as bf had his daughter for more of the year than BM, but if she doesn't agree to not make it a hill to die on because since the tax laws have changed, she won't get as much back in a tax return as she thinks she will. So after that the attorney was calling up BM's lawyer to get the factual edits made as well as discuss those two items. 

Then early yesterday evening bf's lawyer came back and said that BM agrees about the cell phone language so now it says something like either parent can purchase a cell phone for their daughter and the other won't unreasonably withhold it from her. Whatever, I don't think it should be in there at all when she's three. One of my biggest things about the cell phone too right now is I don't want BM using it as a way to track bf's whereabouts, not that he or I are doing anything sketchy it's more of a privacy thing. So we agreed if BM is to get his daughter a cell phone anytime in the near future then when she is with us, location services are going to be turned off until she goes back to BM. BM won't agree about the taxes for my bf to claim them this year since she had her majority for 5 months of the year. BM's lawyer said the other reason she won't agree is because she is planning on using the money for her to move this summer... which I don't know how or why she thinks she will get a lot back between the new tax laws and the fact she worked part time at Walmart as a cashier and now she has been working part time as a nanny 18-22 hours a week, but again whatever. The tax language now says "for so long as BM does not seek an award of child support, she shall be entitled to claim the child as a dependent for tax purposes" then it says if she does seek the award of child support that it will be revised.

In the version before this, BM's lawyer also added in if BM does not move by June 1 as she is planning to that if it does not burden bf's time then if BM asks for the child for a day trip to an amusement park or such than bf should make a reasonable effort to make her available. Also, if BM is here on her birthday which is the end of July, then bf should make a reasonable effort to split the day with BM. So bf and I are like whatever because that doesn't hold him to he has to or give a schedule or anything plus even if she doesn't move he is to have her 100% June 1 - September 1. My bf and I are taking bets whether or not she is going to leave June 1 or close to it. Personally, if she is banking on a tax return for her ability to move, I don't think it is happening. 

So today his lawyer should be removing their case from the docket, bf and BM will sign the papers then all is left to do is the processing nonsense of getting it entered into the court or whatever they do at that point. One thing bf has not asked yet though is when does the schedule take effect? Is it when they both sign the papers or is it when they get the final decree? 

Comments

tog redux's picture

It won't start until the judge signs off on it, unless BM agrees otherwise.

Good for you guys for negotiating all of this. Many on this board would have suggested you fight to the death for custody of this kid, but that takes a toll financially and emotionally.  The cell phone language sounds better too and I agree, location services goes off whether or not BM likes it.  She can go to court and complain about it, but there is no reason she needs to track the kid when she's with you.

futurestepmomnowstepgf's picture

that is what I thought, but was not sure!

Thank you! We realized that 1. my bf was not going to win especially with this judge, 2. were going to spend a lot more money to go to court now, 3. were going to spend a lot more money a little over a year from now for us to move ... just came down to being the best option for us and while we lost a lot, we gained more in certain aspects we wouldn't of gotten had this gone to trial. We will just keep documenting when it is warranted and maybe one day we will have something that will be worth going back to court for to try and get more custody or maybe when his daughter's want is taken into consideration she will chose to live with us. Just have to wait and see

EXACTLY, literally I was like to bf I think it should be taken out completely and bf was like I'll handle it, it will be fine. Then I was like I will drop it if you agree that we turn location services off when she is with us. Bf says yes I agree with that. So that was that and I feel better about it now. So a win win for the cell phone language, the taxes thing wasn't a hill to die on. I bet once BM realizes how much she doesn't get back in taxes she will file for child support though but that is a battle for another day.

fakemommy's picture

2 FYIs

1. For taxes, it really doesn't matter what the order says, if BM can prove to the IRS she has SD more than half the year, your SO will have to have her sign something allowing him to claim SD. It isn't absolutely required, but if they both file to claim, BM would win.

2. Location services for the cell phone. The way we have our kids cell phones monitored (for their safety), we know their location even if they turn location services off. Better to just leave the phone at home if you go anywhere. There isn't anything wrong with not allowing it during family time. That's what we do with our children.

futurestepmomnowstepgf's picture

it for this past year because bf would just pull day care records that would disprove her. Plus she didn't claim her last year, has her enrolled in schooling of any type, etc. it would be the future years that absolutely you are right!

Ah that is good to know! I agree that the world doesn't need to stop because BM calls and you're doing something, 100%