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I may put Yosemite Sam to shame.....

sosmomof6's picture

I just want to scream a litany of curses right now....

Last month DH made a HUGE lump sum support payment to the evil wretch. DRS told him that he was clear of any contempt, and that so long as he makes sure to give something each month then he would be ok. About two weeks after he paid, we finally managed to wrangle my mother over here to babysit our 6 kids so that we could take the bus to BM's town, walk to her house and pick up SS. This was on St. Patrick's Day, and he hadn't had a visit since Jan. 21st. BM had sent an email saying "you want him, come get him". She said that the only days he would be "available" were the weekends, even though he only goes to school 3 days a week. No explanation was given why DH "couldn't" pick him up any other weekday.

So we arrive at her house and when my husband says we're here to pick up SS, she says "He's not here". DH asked where he was, she said "he's out with [her step-Dad] running errands". When DH asked when they might be back, she said "Not until 8 o'clock in the evening"....with just this look of utter smugness!! We arrived at her house at 11 a.m. BM had been claiming that she suddenly has no transportation either. Now we're honestly expected to believe that her step-Dad has SS out running around on the bus for over 9 hours? DH just turned and walked away, and then we made the trek home.

The next day there is an email from BM saying "Don't ever show up at my house unannounced again, or even if SS IS here, he won't be realized to you. You have my number, use it." So then DH tries to arrange his next visit....what happens....she fights him, of course! Starts bitching again about how she doesn't have to allow overnights, even though that was decided at the original custody hearing in Sept. '05. She says she doesn't "trust" DH with SS. SS has been here over a dozen times since his birth, the custody order is over a year and a half old....and she's going to claim DH can't be trusted with "her" son? (her words) Then when DH mentioned how he has reason not to trust her (because she had an underage drug party with her daughter in the apartment, and a girl almost got raped there that night since she let complete strangers in to party with everyone....the cops came and just gave her a warning), she turns things around like she does and says "Get the f**k over it, it's MY past....has nothing to do with you". Yet that's around the time she got pregnant with SS, his conception date is unknown.

ANYway....so going into April, SS STILL hadn't visited at all. She said she might be able to bring him for Easter, since we were supposed to have him from noon that Saturday to noon on Easter Day. But then she claimed she didn't have his car seat, and got on DH about getting him again. This was less than 2 days before the holiday, there was no way we could re-arrange things on such short notice. So then she said it would have to wait until she got out of work, so she didn't end up bringing him until like 6:20 pm. He had another visit this Saturday, but of course she said it wouldn't be overnight, so again he left at 6. And she's already said that she's made "plans" for this Sunday, so DH can "only" have him on Saturday, and not overnight. The order calls for two overnights a week!

So DH filed for contempt of custody again recently. We scheduled for April 27th, but the court can change it to the next week...which they do, even though we do file more than 3 weeks in advance like it says. So DH served BM the papers and she confirmed that she got them. For those who don't know, when DH had the contempt hearing for custody last year, she made sure that he had a contempt order for not complying with support. I was also past due with our son. So when the court ACTUALLY held the contempt of custody hearing, they scheduled it AFTER the contempt for support...even though DH filed WAY before she complained. "Equal treatment" my behind!! So then DH had a warrant out, he would have risked arrest again if he went to the hearing. And they didn't care about the fact that I was in the first stage of labor. So the first contempt of custody was dismissed.

This year we were determined that it wouldn't happen again, as I said, DRS told us that no further criminal action would be taken at this time. But once BM got the papers about the contempt of custody, what happens? We get a brand-spankin NEW notice saying that he's in non-compliance AGAIN, and that he has 20 days to "respond" or else he could be fined, found in contempt and jailed. DAMMIT!!! We aren't sure how to "respond" other than paying what we can. There's actually a conference this Thursday to modify support, because when he filed for a modification, the worker who filed said that the support should be lowered by about $100 a month than what it has been. But in a notice, they told him he has to bring in a payment when he reports for the conference. So Bio-Bitch WILL be getting money again, this month.....so how is he in non-compliance again??!!?? Now we are worried that it will be the same situation as last year~ it won't matter that she doesn't want DH to have custody, and is screwing around with it as much as she can....she wants him in jail ASAP, and the court is all for that. He won't get his day in court because she "beat him to the punch" and will try to get him arrested before she has to answer to anyone or anything!!

Please keep us in your thoughts.....I'm just a wreck right now....

Comments

septembers_child's picture

Okay...so I read through some of your blogs to get myself up to information about your situation..

If I understand correctly... All six of your kids are your DH's.. He cheated on you with your "best friend" resulting in your SS..You choose to stay with him...You "lost" your vehicle...Dh has health problems ect..

Presently, Dh pays "what he can" for the child he had with your ex best friend..But "paying what he can" has brought him into contempt enough to fear arrest...

You managed to get your parents over to watch your six kids so that you and Dh could take the bus to BM's town to retrieve SS and you did so unexpected and unannounced..BM didn't know you were coming..(Am I right?)

So then its fair to assume that DH has a court order to pay child support that he isn't meeting every month... Thus the contempt and fear of arrest for failure to pay support...

On the other hand, you have a court order for visitation that you expect the Bm of SS to honor..

Furthermore, the BM is a "wicked wench" because she "gets money again this month"..(WHY SHOULDNT SHE GET MONEY EVERY MONTH TO HELP HER PROVIDE FOR THEIR BIOLOGICAL CHILD?)

And you expect HER to drive the SS to and from your house for visitation so that you Dh can see his son??? Because YOU lost your vehicle???

If I am wrong on ANY of the above Please correct me.....

I have to ask first of all, how is the fact that you lost your vehicle the BM's responsibility??? How is the fact that YOUR DH has health problems the BM's problem or responsibility??

Why should SHE be expected to make the commute for your DH to see HIS CHILD because you two "lost" your vehicle??

Especially, considering that DH "pays what he can" in child support and your resentful because she gets "money again this month"???

Why is she a "wicked wench" because SS wasn't their when you and DH decided to show up at her house to retrieve him..Unnannounced and unexpected to the BM??? Is she expected to keep SS at the house all weekend, every weekend, on the Off chance that you and Dh might be able to "wrangle your mother over to watch the other kids" so that you and DH can take the bus to their town and surface to see his son???

I am in a similar situation with my x husband..Who by the way married my ex best friend and both of our ex sister in law (She was my best friend, I introduced her to my younger brother in law and they were married for a few years)...Seems he can afford two houses, new cars, swimming pools, speed boats, vacations and anything and everything BUT sending one cent for our 15 year old daughter..

I am ALWAYS accused of being "greedy" and "money hungry" any time I suggest that their household perhaps fork out one red cent for our daughters basic needs..And yet, on the other hand, they expect me and my family to provide ALL the transportation for HIM to have vistation with HIS DAUGHTER. We totally provided for both our daughters while his a$$ was in prison for three years.And for ALL the financial and basic needs of OUR minor daughter also, by the way..

Currently, we live in Germany..And though ex husband hasn't paid one red cent in child support or even so much as four dollars worth of a postage stamp and hall mark card on his daughters birthday..he and his current wife expect me and my husband to PAY FOR her round trip international plane ticket to visit HIM in the states!!

Frankly, He can bite me...If he wants to see HIS DAUGHTER..He can pay for it...

I don't see why your DH can't call BM and arrange a time in which her current husband will be present..So that Dh can take the bus and pick up his son at BM's house personally?? Why do you have to go along???

I apologise ahead of time if I am way wrong and way off base here. And I admit that I may be...But from the contents of your blog..It hit a personal cord in the "screwings and shaftings" I, as the BM am getting from my ex husband and his current wife.. That they feel totally justified in..some how...

again I may be wrong and if I am Please don't hesitate to straighten me out..but frankly as a bm...I was offended and speechless by your latest blog...

Not trying to judge you...Just really confused from a BM stand point..

sosmomof6's picture

Ok.....I was under the impression that this site provides a place for us to VENT. I have always tried to respect the other steps and bios who need to get things off their chest....I didn't know I would come under fire for also wanting to get things off my chest. Perhaps I will just post in a more private or more supportive forum in the future.

That being said, I guess you have listed all the "facts" of our situation correctly, september. Maybe save for the fact that BM knew we had our car repossesed BEFORE she got pregnant. I never implied that here that she should be totally responsible for transportation so that DH can have custody, THE JUDGE decided that they should work out a fair arrangement. She doesn't want to, she always demanded that H be responsible "if" he wants to see him.

What you probably don't know is how we took in her and her first husband after she had their daughter. How once they moved in, they didn't want to pay bills. How they spent all their money buying things for when they would get their own place, while WE were providing the shelter for them. How they didn't clean, I did, and how they vandalized our oldest daughter's room before they finally left. How I was her labor coach when SS was born because she DIDN'T KNOW who the father was....five guys could have been. Even his brother was a possibility. And that's not just a one-time issue, she even cheated on her current husband with HIS brother. Am I being biased in calling her a evil wretch? Probably. But currently, that is what I feel about her....and again, I am VENTING. God knows we've heard enough from her.

Does SS deserve support from his father each month? Of course. Does SHE deserve to take the amount that DRS decides to AWARD her from our family and get whatever SHE wants, when she makes DOUBLE my husband's income, has her step-Dad live there and provide for the household, PLUS gets support from her first husband AND her current husband, plus uses SS's SSI? That's 5 sources of income even WITHOUT getting support from DH. It would be one thing if she went through a divorce or two and needed support....after the 4th guy she gets sick of in 2 years and then chases after for money, that seems like a negative pattern. You said you were married....big difference than having an affair with a guy you very much know is married, and lying to someone you call your "sister". Is it right that her 2nd husband talks her into handing over the support my husband paid so that HE can do what he wants?? He got a truck, why? Because his wife had an affair. Pretty sweet deal.

Also, as I listed in the beginning of the blog entry, she just got sent MANY months of support at once. Yes, he is behind....is it right that the court grants "retroactive" support for when paternity is unknown....when BM wouldn't TAKE calls so that DH could see their son and TRY to help provide? Yes, DH has tried many times to contact BM through email and phone calls....what do you suggest for when she DOESN'T ANSWER. When it's been over two months since DH saw his son YET he PAID the support? Why should he pay her retro support when she would play games so that he DIDN'T see SS? Back when she said she "didn't care" who the father was, but she would "damn well" get support". That's when she moved to another town, in a MORE EXPENSIVE house. And why not? BM can do whatever she wants....she's perfect. How silly of me not to completely bash my husband...he's the ONLY one who was in that bed and created SS. Everything is his fault. Let our 6 kids have less of a Standard of Living...BM deserves all his money. We deserve nothing. Why be married? The message I'm getting is that if you're irresponsible and just want to sleep around with lots of guys, then the state will back you up. As you ladies support BM. Thanks for keeping my family in your thoughts. I guess I have no reason to be upset when our kids cry when their father goes to jail simply because support is TOO HIGH. Fine, from now on we'll pay everything....that means our kids have to go without. But that's justice, that's what right. Our kids didn't ask for this either, but they don't matter. BM is better than them.

Anne 8102's picture

Not everyone knows the entire story here. You can't pay child support for a child that you don't even know is yours. Why would he pay, when he didn't even know he had a child? THAT is how he got in arrears. When paternity was finally established, they made him pay retroactively, not just starting the date he found out he was the father. This guy started out in a very large hole and he's doing everything he can to dig his way out of it. This whole mess, for anyone who hasn't been here long enough to have gotten a thorough appreciation of sosmomof6's situation, is the result of one bad choice made by her husband that was compounded brutally by an unfair system and this particular BM, who is rather vindictive and mean and likes to taunt the affair. He doesn't meet with BM alone in person at the urging of their marriage counselor for obvious reasons, so that's why she goes along. The system, if I remember correctly, is basing support amounts on his former job, from which he was laid off, not his current job, at which he makes much less, and I'm not sure they even consider her income at all, although she was 50% responsible for creating this child.

Don't feel judged, sosmomof6. Not everyone knows your whole story like some of us old-timers. You're not alone and you have defenders here, too. Vent away. You definitely have the right to do it. How many of us could open our arms to the lovechild our husband created with our best friend? I don't know if I could do it. And as for your DH, a lot of guys would've bailed on the whole situation... all six kids, SS, you, dealing with her. It takes a lot of character and humility to go back and make things work with your wife and to try to forge a relationship with the child in this particular situation. I know how you feel... just when you feel like things are going a little better and you'll be able to get a little ahead, something happens to screw you again. For some of us, that's just life. Breathe deep, let it out and get past it. You know the truth and that's all that matters.

~ Anne ~

Nothing can come of nothing.
(Shakespeare, King Lear)

sosmomof6's picture

Reading that post helped me....ok, that and some Midol Wink Things have been extremely stressful and I really did feel the need to vent, to blow off some steam.

Reading back over things, it may seem as though I wigged out yesterday. september~ you said that you weren't trying to judge, but that is how your post came across to me. And then in the second post to be told that I "couldn't" be angry or upset, for any reason....that put me off.

Now that my head is clearer, let me try to explain a little better. Anne is right~ the support started off with months of retroactive. She went after retroactive since his birth...this is part of why I think of her as evil sometimes. DRS denied her because she swore up and down that another married guy was the father, and didn't even want to discuss ANYTHING with my husband after she told everyone she was pregnant. She filed right after the New Year in 2004, and paternity wasn't established until the end of June. DH tried to contact her, but she didn't answer emails or phone calls. When he went to her work to ask about seeing SS, she just said "No". But she still wanted support. He didn't end up getting to even see SS until October of that year, for a couple hours.

One of the points I was trying to get across is that my husband has just complied with the REQUIRED amount of support for several months. The custody order is never followed as it should be for a month. That isn't just because "SHE doesn't bring him". She refuses to give copies of SS's test results, info and etc. to DH, though it specifies for her to do that in the order. She doesn't share legal custody~ she always refers to SS as HER son, she never discusses things with DH first, just decides everything on her own and then comes to him AFTER the fact. She told him to "butt out" when he told her he disagreed with her choice of a Godmother for SS. He disagreed because this was a girl that BM had wanted him to have a threesome with....again, another person who cared nothing about the concept of marriage or family.....he didn't feel that kind of person should be SS's Godmother, but BM went off on him and tried to cut DH down.

Also, the reason we were bothered by what happened on St. Patrick's Day is because DH had tried several times to arrange with her about WHEN we could come to get SS. I didn't appreciate how it was assumed that I was upset over expecting BM to transport the child, how I expected her to have SS available anytime we wanted to see him, and those kind of comments. DH didn't hear anything back from her for weeks. The last thing she had told him before that was to simply "come get him" if DH wanted to see him, that SS would be there on the weekends. I agree there is a point about better communication needed, however I don't see how that falls 100% on my husband. I was taken aback how it seemed both you and Cheri were saying that BM had no responsibility in this, no fault whatsoever. BM later claimed that she hadn't been online all month and that was why she never responded, that was an outright lie. So she was ignoring DH even when he wanted to get SS. Calling doesn't solve anything either. DH calls her, her step-Dad always says she's not home. DH asks him to give her the message, but then she always says things like DH "never called", her step-Dad "forgot" to give her the message, or even that DH doesn't leave his name, so her step-Dad doesn't know who it is that he spoke to. I hope you can see that this is complete nonsense and game-playing. Is this right for her to do? Do you feel that she is not in contempt of the custody order, in any sense? We just didn't understand why, if she was going to deny SS and go off on DH again, she would tell DH to just come and get him.

The reason I was talking about the fact that BM would be getting money again this month is because I was there when DRS told him that he was NOT in contempt now. He did what they required. They said that there wouldn't be another contempt order so long as he made sure to pay something every month. So the only reason I was going on about it was because there's now another complaint for contempt, and that goes against what DRS told us. What I won't apologize for is thinking that it's hypocritical that BM doesn't want to acknowledge custody, even when DH complies with paying support.

And the repeated comments about "paying what he can" really rubbed me wrong. As Anne said, the original support was based on DH making $5 an hour more than he does. Over the course of each month, that adds up ALOT. BM knew he was laid off from that job when she filed for support two years after SS was born. Is it right for a woman to have sex with someone she knows does not have alot of money, want to have his baby, and then expect him to be Mr. Moneybags for her all of a sudden? Is it right to know you have no intention of living with or marrying someone, but suddenly demand him to forget that his other kids have needs and put you and SS first? NOT saying she has no reason to want support...but that she's after a set amount. She has specifically TOLD us that she "demands" a set MINIMUM amount of support from all 3 fathers of her 3 kids. Is the support amount fair, the amount of arrears? That's why we have a modification this week.

Please don't assume that I direct everything at the BM and blame her for everything. The fact is that my husband screwed up, big time. I do feel defensive though, when it seems that people do the exact opposite and imply that BM has no accountability, everything is DH's fault and there is "no" reason for us to think anything bad of BM. When reading your situation, september, you said that your ex-husband left and married your old best friend. That he doesn't want to support his daughter with you, but lavishes himself. In our situation it's the other way around, we see BM lavishing herself and bragging about it, yet my H can't explain to her that we need to worry about things for our kids because it's "not her problem". No, it's not her responsibility at all, but since she wanted to be involved with a married man, with kids, who she used to pretend to be close to, can't she have a little consideration for things? Can't she accept that she ALSO chose this situation? That's why I feel how I do about her.

Well I think I just wrote half a novel....so I will sign off for now

Best wishes

stamina's picture

Something that guys need to consider though, not DHs on this site, but guys in general, is to take responsibility for their own reproductive potential. If a woman says she is on birth control...oh well...take some responsibility as well. The results may be life changing if they don't.

sosmomof6's picture

Again, we wouldn't be in this situation if DH hadn't touched her. But it's done, there's no going back, and focusing on what he should or shouldn't have done won't change anything now. I also feel that females also should think about their actions. My biggest issues are things like how support amounts are based on non-existent income, arrears are awarded to mothers who don't allow the father to be part of the child's life, men are jailed and penalized if they do not comply with paying a set amount for the child, but women can deny contact between the father and the child, alienate the father....and that's ok, there is no recourse.

stamina's picture

We should all be responsible for our own actions and then accept the consequences and the uncertainty that goes with it. Nonetheless, I do empathize with your situation and hope that things get better for you! You don't deserve all of this added stress!