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BM filed with courts .. no more change order

SMof2Girls's picture

So after 6 months of dragging her feet, BM finally agreed to a meeting with DH and attorneys to finalize their change order. The meeting happened last month and all but a few minor things were resolved. DH's attorney is expected to have the final draft early this week for BM to review and sign.

Today at skid drop-off, BM informed DH that she has filed for a change with the courts and that she's no longer considering settling on a change order outside of court. This is the same agreement she asked DH to start following as if it's in effect until it can be finalized 3 days ago ...

So here we go Sad

SMof2Girls's picture

DH's attorney can't even think of a good reason why her attorney would advise her to do it, but who knows. He's meeting with his attorney once the paperwork is served. She did say that it won't look good on BM that she essentially walked away from a negotiation that was almost otherwise settled, but what real bearing that will have on a court's decision is unknown.

SMof2Girls's picture

She's pregnant and butt-hurt that DH doesn't bend to her demands. No clue who would be coaching her, but I'm sure there's a wealth of trash surrounding her and egging her on.

Flipchip2013's picture

She's pregnant?
Yikes.

In my experience, the "willingness" of BM to negotiate had absolutely no bearing on anything. The father, however, was seen as difficult because he didn't give BM everything she wanted.

Best wishes and good luck!

SMof2Girls's picture

Yeah I'm not expecting much leverage from that. We have ample documentation showing DH's attempt to negotiate and start working for a mutually agreeable change, and her replying saying she's perfectly happy with the existing agreement.

Honestly? I believe its child support related. Under anything less than sole custody, DH's CS drops pretty significantly.

SMof2Girls's picture

Oh I don't doubt her lawyer is happy to oblige and bill her accordingly. DH gets a very deep discount with his attorney through his union, so at least that works in our favor.

BM thinks the world owes her something and that she is entitled to everything she wants. No doubt in my mind she's expecting to walk into court and have the judge hand her everything she wants.

Stupidlyoptimistic's picture

Try having a BM who's lawyer is working pro bono and hoping to recover fees from DH. Sad she files anything and everything just because it doesn't cost her a dime.

In TN, the mediator writes up the agreement and everyone signs right then at the mediation session. Did the mediator do that in this case, or was it left up to the lawyers to write it up?

SMof2Girls's picture

They weren't technically in mediation. They just had a meeting between the two of them and their attorneys to work out the remaining issues in the change order. BM basically refuses mediation every time DH offers it because she doesn't want to pay her share of the $300 fee. Going to court, the judge will likely order mediation before any resolution is made; so we'll see if they can get an agreement in place at that time (unlikely).

SMof2Girls's picture

Yeah, DH will be meeting with his attorney whenever the papers are served (probably later this week) to discuss the game plan.

There are so many things that have been hinging on working out the change order .. like child support. DH is wondering if he can go ahead and file for the reduction now, even though she just filed for the order of change. Under the existing arrangement, he owes about $25/month; but because their incomes haven't been adjusted in over 3 years (and she is making significantly more), he's still paying a higher rate.

She also wants the weekend of Oct 5 to take the girls out of state for a vacation. That's also on DH's time. To be clear, she sent an email saying she was taking them, not really asking. DH told her no, but offered to switch days if she could come up with comparable days to switch. No word back on that yet either.

DH is just done with the constant compromises and playing nice. He very firmly put his foot down with the sports, and I think BM should expect nothing less than strict adherance to the agreement from here on out.

SMof2Girls's picture

Yeah, although this entire process has been extremely stressful and nerve-racking (sp?) at times, I think this comes as a blessing in disguise. It will be good to have a judge finally put to rest all the crap they've been going back and forth over. I know it will drag the process out even longer, but hopefully there will be some more definite resolution when it's all said and done.

It sucks we've spent so much money on an attorney trying to get the change order done, but it could've been worse. DH is on board for complete silence with BM unless absolutely necessary.

SMof2Girls's picture

Annnnd BM just sent an email:

"I wanted to confirm whether or not you are allowing the girls to accompany me on vacation in SC on the weekend of October 4th 2013?"