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Wrecking ball? Are you talking about BM?

SAHsigh's picture

This is a never ending nightmare.

I'm sorry if I'm repeating myself but the last six months have been complex so I'll summarize as best I can. BM was fired from her job as midwife back in May when they got wind that she was looking for a job (again) 800 miles away. It's my understanding that they had had their fill of her and she was already giving them a lot of headaches. She took DH (and myself, cause, whee!, I'm along for the ride!) to court to change the 50/50 custody arrangement to 80/20 so she could move away with twin SS/SD8. While we were preparing for court, there was a GAL report that was issued in our favor and we bought a house a few miles away to keep SKs in their school district. (We lived just barely outside of the school district but it didn't interfere with us getting kids to where they went to school or being very involved in their classwork. Besides, we knew we were going to move -- we had grown out of our previous house.)

The judge ruled in DH's favor at the end of August and awarded him 80/20 custody with BM getting custody on long holidays and the majority of the summer. In his decision, he even admonished BM for her selfishness.

DH decided in October to file for CS and the CS conference was postponed a few times until it happened a few days ago. Right before the conference, BM called DH to see if the conference was still on. (She attended over the conference over telephone.) She also wanted to pass along to DH that her and her second husband are getting a divorce, that he's moving to another place within eyesight of the residence they just moved into, and she's already paying him a small amount in CS for their nearly 3 year old son. They have to wait a few more months to file for divorce because they haven't established residency in the state they just moved to. BM has asked that we not say anything to SKs -- maybe she wants to break the news when they visit over Christmas?

DH says she was really nasty in the conference and became even more nasty once the mediator explained that she needed to pay CS. DH waived the obligation to pay for childcare to reduce her monthly payments but she was even nasty about that.

DH tells me this morning (and forwarded me screen shots of her text tirade) that she's going to quit the job she just moved 800 miles away to start, that she'll move back to this area to resume 50/50 custody, and sue DH for child support since she'll be taking a lower paying job. Her last job has a restrictive covenant where she is not permitted to be a midwife within a 50 mile radius for, I think, 3 or so years. I think she can take on other jobs as long as it's not as a midwife within this area. She says she's going to intentionally get a lower paying job so he has to pay her CS even with 50/50 custody.

First off -- poor SKs! They lost a lot when BM and her family moved away. They miss their mom, their brothers, and SF. They don't know it yet but their SF is about to be out of the picture and they may even see their brothers less since BM will be juggling three COs. It would be good for SKs to have more access to their mom but it seems that she really needs to pull her head out of her ass and look out for them for a change.

Secondly -- I really don't want to go through this again. She's such a nightmare. I'm worried that she'll be even more toxic moving back than she was before. She's so angry and she's placing all the blame on DH and I.

DH says he's already told our attorney's office. Ugh... another 10 years of this??

Please, please ... someone say something nice ... I need to hear nice things.

classyNJ's picture

Hang in there. Keep those texts.

Dead beat moms.....gotta love em

Oh that wasn't nice. Sorry had to edit to add nice: Is that your picture next to "charming" in the dictionary?

BethAnne's picture

She's lying. Her and her husband are still living together. No way would she have let him move out with their kid and voluntarily agreed to pay him child support before being ordered to by the court if she is putting up such a fuss as she is with your husband. She is trying to manipulate him into dropping his child support request and keeps going for bigger and bigger lies until he gives in.

Another option is that she was fired again and her husband left her and she is taking that out on your husband and she will get more child support from him than she would from her current husband.

My final word is to say that who cares if she moves back. She will be in the kids lives more and they will benifit from that (you say they miss her). Your husband may have to pay some child support or may not but he will be providing for his kids if he does. It sucks but just ignore her as much as you can. She will be into the next disaster in her life soon enough, make sure that dad's home is a stable safe haven for the kids and they will appreciate that.

Thumper's picture

I tend to agree with BETHANN..

Sounds like she is telling lies. I KNOW people just like her...claim to have to move for work...claim to be separated (YEAH RIGHT) all the while collecting hefty gvt money and beating the cs system too boot.

Your attorney will LOVE this one. YOUR Honor, please (SIGH)...BM cant seem to make up her mind where she wants to live. Its super nice she wants to move back into the area. The kids will be happy to see her without transportation concerns. But it is not about BM martial decisions or work restrictions. I ask this court to consider the children first and keep the 80/20 it is stable and something they CAN count on and revisit this in 6 months then 6 months again. What if Mom changes her mind again. Reverting back to 50 50 is premature considering what we have seen. That is why DAD has 80 and mom 20.

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jmo of course. Wink

Stepped in what momma's picture

In Texas they base your CS on what you are capable of making, so if in the past you made $60000 but took a job at Walmart just to try to lower the pay they'll tell you to get a better job or a 2nd one and base your CS on the $60000 you used to make.

I also wouldn't start worrying about jumping hurdle until you get to them. Worry about all this crap when it actually happens. People tend to say a bunch of stuff when their lives are spinning out of control.

notsobad's picture

Same here, CS is based on what you are capable of earning, not what your are making right now.
My exH is a mechanic and he told the judge that he was only making x, the judge looked at him and said you're a mechanic with 20+ years of experience, CS is based on xxxx and you will just have to find a job that will pay you what you are worth.
He also warned him against working cash only jobs. He said that mechanics are well known to work out of their garages and if exH was to do that he would not only be in trouble with family court, he would be in trouble with CRA (Canadian Revenue Agency)if he didn't claim that income.

The courts here also like to maintain the status quo. Which honestly doesn't work for Dads most of the time. However,in your situation if the skids are doing well with you they might not change back to 50/50.

Acratopotes's picture

BM is just playing ya all...... she's sitting at home being bored...

Well let her go to court, who cares, I think any clear headed judge will tell BM, you can not provide a stable home for the boys, custody will remain 80/20 and you will pay CS per month, now stop wasting my time