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Mediation is a wonderful thing!

MarriedPrinceCharming's picture

So I have posted bits and pieces of my story in other posts. Married DH in 9/06. I have BS15, BS10, BS7, SD16 and SD13. DH and I BOTH pay CS because our exes make less than we do. I share 50/50 custody with ex (although the way it usually works out my boys spend more time with me - which is great). DH has every other weekend with SDs plus every Tue/Wed night visitation.

Anyway, DH has always been very generous with BM. He's a great guy/great dad and has always wanted to do the best by his girls. I admire that so much and feel the same way with my boys - we never want them to "do without" because of the divorces, finances, etc.

He pays BM several hundred dollars more per month than the guidelines would dictate - which is fine - he agreed to a number he felt was fair. He also buys the girls whatever they need when they're with him/us. The problem of course is that it is never enough. BM nickels and dimes him for every expense she doesn't feel like paying. And of course never asks - always demands. "Your 70% is X. Please bring it tomorrow." (Their agreement says they're supposed to discuss/negotiate anything considered "extraordinary" - other than summer camp and medical - for which he pays 70%, always immediately upon request and without argument). So he finally started saying "no" to these nickel and dime demands. The first time he said "no" she insisted they return to mediation.

They went to mediation (she chose the mediator, by the way) and the mediator told BM that SHE was the one with the problem!!! The crux of her argument was that DH should pay more because she does "everything." She's right in a way - she does do more - but that's because when DH tries to enforce his weekend visitations she stands there and says "You can't make them go if they don't want to." And so they decided to let the girls decide if they want to spend their weekends with us or not (they're teenagers - so weekends with us means they're away from their friends - we're not insulted and have a good relationship with them). DH is always willing to take them for any weekend, or even just for the day if they prefer that. And now she's blaming DH because she's stressed out and has to do "everything." (I should mention that BM has a live-in mother that does all the cooking, cleaning and laundry for the household! She's also remarried and her husband helps out.) But anyway, the mediator told BM that she has a communication problem - and she needs to make an effort to involve DH more, and not try to solve everything and then play martyr. At one point BM was ranting about feeling overwhelmed and the mediator told her, "That's between you and your psychologist!". Hahahaha!

She did no homework, no research or anything to prepare for the meeting. She was shocked to learn that she would get even less CS if she went to court! She just assumed that she would turn on the tears and that the mediator would see how she does "everything" and how stressed out she is and tell DH that he was a bad father and that he should just pay whatever BM wants. Didn't happen! Chalk one up for the good guys! Mediation rocks!

Comments

bellacita's picture

we didnt have a great mediation experience but im glad it worked out for u and DH. u deserve it! and BMs like her nee dto be put in their place and every once in awhile when it happens, its fantastic!

"Given the right reasons and the right two people, marriage is a wonderful way of experiencing your life."
~the late great George Carlin

Gestalt's picture

Yes it sounds like mom really needed a wake up call, hopefully things will be better now!

"The beauty of life is, while we cannot undo what is done, we can see it, understand it, learn from it and change, So that every new moment is spent not in regret, guilt, fear or anger, but in wisdom, understanding, and love."

Sia's picture

Never had an experience w/a mediator.....she would have just manipulated the situation anyway.... Smile

Colorado Girl's picture

BMs and their Martyr ways....careful whatcha wish for. Smile

"For every ailment under the sun....There is a remedy, or there is none;
If there be one, try to find it; If there be none, never mind it." ~ W.W. Bartley

aka's picture

So I am wondering what did the mediator say about their agreement they're supposed to discuss/negotiate anything considered "extraordinary"
My DH is going through that now. She sends him an email demands him to pay and when he says he can't afford it right now she does it anyway. He never says he won't ever pay but he gives her a month where he can pay and she does it anyway. They are both going to court now because of contempt of court and I think the real issue is that she never negotiates, just demands.
So I am wondering what the true ruling was on this statement that is in the decree? Was she told she must negotiate with him?

MarriedPrinceCharming's picture

To provide a list of expenses she considers to be "extraordinary" to DH. DH is to review the list and negotiate with her on what he will and won't pay. DH plans to tell her to do her own calculations to validate what he already told her -- that he is paying her more than the guidelines dictate already and also is planning to ask her to provide him with a complete budget of the girls' expenses so that he can validate that the $2,000 he's already paying (plus the $800 that BM is supposed to be contributing toward their support) is being fully spent. If she can't show that the expenses she is paying are exceeding the support then she has no right to ask for more, in his opinion. I should mention, if I didn't before, that the girls both attend public school, don't play any sports and don't participate in any activities that cost money (no dance lessons, clubs, etc.).

One caveat to this whole thing: I don't know about your state, but in this state the mediator's advice is not binding. The mediator can advise but the parties do not have to take his advice. So she could try to seek relief in court, ignoring the mediator's advice. However, the mediator IS an attorney, so she would be ill-advised to pursue this in court in defiance of the mediator's guidance. I seriously doubt this will go to court - especially now that she knows she will get LESS support if she takes him to court. I actually will be surprised if she even completes her action item. She'd rather be a martyr.

MarriedPrinceCharming's picture

The mediator told her in no uncertain terms that her "demands" were inapporpriate and that she needs to "ask" DH and negotiate in good faith. Who knows if it will do any good ...