Your perspective, please ...
Okay, I posted quickly yesterday that an email was coming from BM ... it came, and without slanting you all with my opinionn, I'd like yours on what this email means. Most of you know the story, if others have questions, feel free to ask.
Here's her email:
DF-
I have had to think long and hard about drafting this email, and have decided to do so in the best interest of SS, despite my hesitations and potential grief from you in the future. As I drafted this email, that was my intent and in that spirit, please read through this email carefully and with an open mind.
Problem
SS has indicated that he "wants to see his daddy" this week. Although I've indicated that you'll see him on Friday, he's mentioned it a few times more since that conversation.
I am conflicted in that previously, you have not only been ungrateful for my granting of additional time when I've given it, but have further attempted to use that in court proceedings against me - both in trying to establish "status quo", arguing amount of time throughout the year, and strategically attempting to lessen the amount of child support that you provide based on that number. Not only that, but have specifically used my open communication with you on this matter as a basis for that argument in your court filings.
As such, you put me in a hard place - damned if I do, damned if I don't.
History
I have indicated many times previously, and it hasn't changed, that I don't ever want to prohibit you from seeing SS or interfere with your relationship. Since our last court hearing, I hope that you heard the message from the judge clearly. You appear to have changed your tone with me and since you sent me the book The Co-Parenting Survival Guide, I am hoping once again that you are attempting to review our situation and evaluate how your actions are contributing to our interactions. Last time I attempted to open myself up in an effort to work jointly, that came back to bite me in the ass and I am extremely hesitant to do that again.
Summary
I hope that in a sincere attempt to do what is right for SS, you will not abuse this opportunity. I would like to offer you a long weekend with SS because he has requested that. That could include picking him up tomorrow (Thursday) afternoon instead of Friday, returning him on Tuesday instead of Monday, or both - I will leave that up to you. I also have an expectation that you will not attempt to use this as a strategic move in court, or do anything other than appreciate some extra time with your son and appreciate my willingness to offer this - even in the spirit of what has occurred.
Please let me know what you decide, and what you think about all this. I still don't understand your perspective, but am trying to act reasonable, and in SS' best interests.
BM
I will be very curious to hear your perspective. We have responded, and I will post that after I hear what you all have to say ...
~ Katrina
- Mocha2001's blog
- Log in or register to post comments
Comments
Ohh ooohhh... ooohh... I'll write your response!!!!!
Iz gotz my masters in Engliz.... fo relz!
Well, the way I am looking at is that BM is diffidently at a crossroads... I doubt she's doing it rightly for your SS. Meaning, yes, motive is SS... but she doesn't want to lose that CS, giving you more time, and you using that in court, is seen as your advantage. She's very concerned with that check... but I read that she's disposition, deflecting that concern with the underline tone of saying by SS's request. If it truly was for the interest of SS, she won't have wrote this letter... no, it would have been much simpler, but she's torn because she knows... more time, less money. It's the totally tone over this letter.
I also think biomom has it on the nose. She is very specific with the date... if that didn't scream out... got plans, no one, no babysitter...what do I do, there would be no letter either.
I have to argue against the time issue... we've actually had this issue come up in court, and if one party does give extensive 'extra' time to the other parent, the judge was very clear about that being actually accrued parent hours and can be taken into consideration. SO, like BM has been 'allowing' all this 'extra' time with our SS for the past year. Technically, we could go for this 'extra' time as being added to our time, because it's a consistent basis. A judge clearly defined it for both BM and DH at one point and said, that it doesn't matter... who has SS at that time, is accruing parent hours, and if DH's parent hours are over his stated CS schedule, he is entitled to reimbursement/adjustment in time. It's already happened to us once. Because, it shows that BM (I'm speaking from our case, not mocha's) is not able to make adequate arrangements, but rather, giving us the time instead- she lost that time, she can't not regain that time, and therefore, she could not get paid for that time, since SS was with us, and CS is based on salary and time with each parent. (BM was livid... but, you owe us $400 honey...)
So, I can see how your BM is looking at this... and she knows, she is putting herself in a position she doesn't want to be in... but at the same time, there has to be some plans in order for her to go this route.
And, it happens to be 12:52pm where I am at... I can't sleep yet... but I would gladly rewrite your letter for you!!!! Just reads Daddysgurl post! LMAO...
StepMom
Man has the intelligence to change his life,
Sometimes, he just fails to use it...
Gees, if I had known so many
Gees, if I had known so many were online that late at night I woudl have stayed up for the posts.
There has NEVER been talk of reducing the child support. See response above to BIO MOM.
BTW, I teach English Grammar (I just cannot spell - LOL). I read Daddysgurl ... that was hillarious.
~ Katrina
It's the tone...
No, because she DOESN'T mention it, has no bearing... I'm talking tone of the letter... I can see WHY she would write it that way. Believe me. It's all about tone... she knows what she's doing. Trust me, we got the same thing, but it always boiled down to one thing... money.
StepMom
Man has the intelligence to change his life,
Sometimes, he just fails to use it...
The Email Reads
In a format of a legal document. Who writes a personal email like that? Problem, History, Summary!!! I think her intent is to use it against you and DH in court. I wouldn't bother with an answer.
Interesting persepctive. I
Interesting persepctive. I think the reason she wrote it like that is because she never communicates with us, via email or otherwise. So the fact that she initiated it, I don't think she knew how to present it. She's the one on the Judge's poopie list ... she's the one neglecting SS, I'm not worried about her using it against him ... as you can see from my other responses, none of what she has said is true. That's why I was so taken aback by the email and didn't know how to respond.
~ Katrina
I agree with Cruella
While reading that, I was thinking that it sounds like she is wording in such a way that it can be presented in court and on her behalf, attempting to make the judge believe that she really is the injured party in all this. Why send an e-mail anyway? Does she not have a telephone? Oh that's right, in most states, it is illegal to record someone without their permission. I would be careful on this one.
~THE EXERCISE THAT REALLY CHANGES YOUR LIFE IS WALKING DOWN THE AISLE~
Everyone's perspective is
Everyone's perspective is very interesting. We are only supposed to communicate via email. When they have tried to talk on the phone, the only thing that results is her ina 20-minute rant about what a horrible father DH is (I'm not kidding). He called about her not paying a bill, and spent 20-minutes listening to her berate his fathering skills - mind you the phone call had nothing to do with SS. She has done this more than once.
I think she is wording everything very carefully because we HAVE used her words against her in court. Remember, I'm a paralegal, and I do all the paperwork for DH when it comes to going to court. So, she IS making sure she protects herself. The judge is sick of seeing them, and knows what is going on. She knows that BM isn't the injured party.
~ Katrina
Sounds fishy to me
The layout and wording of the email is just too pedantic to be innocent in nature. I think she's trying to use this against you.
*~So sayeth Nymh~*
I had a couple of
I had a couple of girlfriends over, one knows everything, and the other only parts (no particular reason). Anyway, neither of them thought the letter was sincere, and the both thought she was using the "guise" of "sincerity" as a way to take digs at DH and not get a nasty response out of him.
~ Katrina
I think..
I think if she was really being clear in her thought process and the best interests of SS, that if SS is in fact going to start spending more time with his dad on a consistent basis, that her CS SHOULD lower. It sounds to me, like she doesn't want DH to try to spend more time with SS if it will change her Child Support. Not thinking about what's best for SS or what SS wants.
I wouldn't respond to this email. I would file it away to show that she's more concerned about her CS than she is for her child..
And I agree with Daddy's Gurl.. this is SO rediculous that she's "granting time" or "allowing" him to see his son. She's not in charge here.. she's not the boss.. she's not God. The attitude she's taken that she IS.. has always confused me.
Stepup
I agree that it's all about
I agree that it's all about CS. But as you see above, we have already been entitled to a $70 credit for well over a year (we have SS for 116 over nights, minimum is 91 then you start getting a "residential credit"), but we have NEVER asked that it be applied. Although with what we have to spend to make sure SS is properly clothed and shoed, we should.
Getting through to her that she is NOT the boss and does not CONTROL the situation has been one of the biggest obsticals.
~ Katrina
In my opinion
I have to agree with Cruella. It sounds like she wants to have "her" time but she doesn't want to give up her "paycheck". I wouldn't respond because this is just an effort on her part to CYA in case anything is said. Not only that but she's trying to guilt DH by saying SS wants the extra time. We have the same problem with BM and CS as well. She doesn't want to raise SD but doesn't want to give up the money either.....
I'm sorry I disagree with
I'm sorry I disagree with all of you. An extra day here and there should not be grounds for less CS paid. What are we talking about here..the cost of food. Clothing and rent are still being paid by BM whether or not the kid is with you or her. I think you should just be happy for the extra time, no matter what her motive is, whether she has a date or not. I am so thankful that my BF and his ex do not have a problem with visitation, and they are very accommodating to each other to change weekends, if something comes up with either one of them. I say enjoy the extra time, and forget the CS.
It isn't about an extra day
It isn't about an extra day here and there. We were recently in court on a modification action. As most of you know if the parenting plan is modified, child support usually is as well. Funny thing is here ... BOTH of them have had a rasie. Now you know all know that if DH was the only one who got a raise, she would have been in court in a heart beat to get more CS out of him. Reality is a modification of child support would only increase his obligation about $20 ... every two years we can modify CS and it's modafiable in March of 2008.
Other reality is, we need to keep the relationship amicable with her. DH is on orders to PCS (permanent change of station) in January to PA. Thus, we need to be on speaking terms with her to negotiate new parenting plan, without having to go to court. I know, wishfull thinking ... but one can always wish!!
~ Katrina
I missed so much!!!
I was away for one day and feel like I missed so much of your story! What a bad friend to take so long to answer.... She is merely putting on the front that she thinks is what the judge wants to see. She was ordered to communicate and now makes it took good on paper. A leapord can't change his spots! She will use you guys when the timing is right for her and the benefit is on her. My guess is if SS had a choice, he would live with you guys. So for her to say that she is doing it because SS asked sounds way to outrageous. Keep your gaurd up. She is up to something!!!! Now, I need to know what your reply was... and you have my private email, so you could have sent it J/K
You aren't a bad friend .. I
You aren't a bad friend .. I was gone for like 3-days, so no worries!
It was very funny actually, BM called on Wednesday cuz SS wanted to talk to DH. After they talked, BM said that SS had been asking about seeing DH (remember, he was DH a week prior), and as the email said ... friday wasn't good enough. Anyway, SS said, while mom was within earshot, "Daddy, I get extra time with you, and I don't have to see mommy ever again." It kills me every time he says it, and although I know 4yo live in the moment ... he says this so much taht I am concerned.
~ Katrina
Here is our response ... It
Here is our response ... It wasn't the first draft, and we kept it pretty conservative ...
BM,
I appreciate your email, but I think there is still a lot of confusion. I still sense a bit of hostility in your comments, and accusations, but have kept in mind what you said about this email not meaning to be nasty. Given that, I have opted not to address the specifics in your email, but rather to make a few blanket statements.
My requests for more time with DS have never been about reducing child support. I’m sorry you see it that way. All I have ever wanted is more time with DS.
I have never been ungrateful for additional time with DS. I have always thanked you for the additional time. I’m sorry you feel as if I have been ungrateful … I will always take any additional time with DS that I can.
I guess the simplest way for me to put things to help you understand my perspective is … I want more time with DS! I want you to communicate with me about decisions that you need to make regarding DS. I don’t want you to TELL me what you are going to do, I want you to include me, as Jacob’s father, in the decision making process. I want us to communicate about Jacob!!!
We are going to have to work together to parent DS for at least 14 more years. We have responsibilities to Jacob, and those responsibilities require us to be his parents. DS deserves the same type of commitment and communication from us as if we were married. He didn’t ask for his mommy and daddy to get divorced …
Bottom line for both of us is that DS deserves our best! DS deserves both of his parents. I want to find away for us to communicate effectively regarding DS for his benefit!
DF
~ Katrina
I guess I'm daft, but can
I guess I'm daft, but can someone explain to me how an extra day here and there equals a modification of support?? So what, suddenly you have him another .5% of the time, entitling you to a $18.75 reduction for the year? That's utter nonsense. Who would file for a modification based on a handful of extra days?
That being said, if this is something that is happening frequently--as in, every month you are getting him for an extra week total or so--then I would say it's only fair to modify not only support but custody as well so that you can plan your schedules accordingly.
I agree that the email is extremely formal, but I'm not surprised by it. No doubt any communication from her henceforth will be in a similar style because she's going to collect every email and have them with her if and when you go back to court. I can't say I blame her, though, because we did the same thing with BB. However, this is going to backfire on her. Daddysgurl totally hit it on the head--she's treating her child's father like some tertiary character in SS's life, that he may be SO lucky as to have bestowed upon him the reward of extra time with his son. BB was THE SAME WAY with EX...it was always "If I LET you see him" or "You are lucky that I am ALLOWING this time" or whatever. When we went to court *(one of the countless times) the judge REALLY let her have it when BB used similar language. She said that spending time with his child is not a reward or a gift, but a RIGHT, and each parent shares that right with the other. Of course, custody determines the schedule, but that doesn't mean CP has the power.
Perhaps when BM learns not to view her child as a bargaining chip, she will comes to see that this is not a game, and that it's not necessary to scheme this way. If she cannot survive if the CS is decreased, then she needs to think about another job. It's a great help, CS, but it can't make or break you. It's too unreliable, and it also creates the problems that you're facing now, because at the end of the day, it does become all about the money and for the people that depend on it, sometimes it has to.
Child support has absolutely
Child support has absolutely nothing to do with it. That's the point. She's making it about money, when it has never been about money. We have always been entitled to a residential credit ... in Washington if you have a child for more than 91 over nights in a year you are entitled to a residential credit, there is a formula. We have SS for 116 nights right now.
We filed a modification action that would have only increased our overnights by 7 per year. Filing for modification is essentially starting a brand new legal action, you serve them with a summnons and everything. As a result, it is the judges discression to opt to modify child support together with the parenting plan, if appropriate. If we had gotten our additional 7 nights, we would have been entitled to a $116 credit ... both DH and BM have had a raise, it wouldn't change the percentages, but it would increase their obligation, and DH's responsibility by $20 per month. So, DH essentially shot herself in the foot, as she would have gotten an additioanl $20 per month because we woulnd't have asked for the residential credit.
I'm sure she already has every single email we have ever sent her, and we also have every single email she has ever sent us ... and they have been used to proove things in court. I think she is taking "The Co-Parenting Survival Guide" to heart and treating the "parenting relationship" as a business relationship, which is the way it should be done. HOwever, she is taking it to the extreme which is normal for her.
Funny thing is she has a better job and still cannot make ends meet. We cannot figure it out, unless she is supporting BF - which is highly possible. At the end of the month, with child support, she brings home just as much as DH does. whcih is the way it's supposed to be, but my car payment is 2x hers and our mortgage is $500 more than hers ... my income is our spending money. She's more than 90 days past due on the home equity line of credit (another story for another time), and just doesn't budget her money properly. After having reviewed their marital bank records for court ... this has always been a problem with BM.
A side note ... as most of you know BM and SS have been staying at BF's house constantly. She uses the guise "if you are a good boy, we can spend the night at BF's house." God could she be any more manipulative. Anyway, SS said the funniest thing ... "we can't stay at mommy's because mommy doesn't have any electricity." Thursday when we picked him up he said "because mommy needs new batteries at her house." This morning it was "because mommy needs light bulbs at her house." It's just too precious how kids put things together.
~ Katrina
Perfect response
Your husband's email was classy. I think he put it perfectly. So funny that BM has no electricity. Not for Jacob, but for her. Serves her right..... Just glad things are seeming to work in your favor.
I'm not holding my breath,
I'm not holding my breath, and am just taking everything one "issue" at a time. We gave her a copy of "The Co-Parenting Survival Guide," and my next read is "Ex-ettiquette" ... we also got her a copy of that as well. After I read it I will give her the copy.
~ Katrina
I don't trust BB
and I thought your response was well put.... however, I have found that when I communicate via e-mail with my ex, we fight more than ever.... I think its because e-mail is so impersonal and you literally cannot determine the intended tone of an e-mail.
To me, BB's letter sounded very fishy and I agree that she has planned a long weekend or something and NEEDS you, I don't believe for one second that she is acting in SS's best interest.
BUT... I also think that your response could be taken as rude.... BUT then again, she did cast the first stone so its not as if you are just sitting over there sending messages for no reason.
Who is She Anyway
Queen of the BBs? She has to "grant" you and DH extra time!! This is one of the reasons I don't like the way child support is set up based on time. It is also nonsense. My DH has the children 10 months out of the year and gets very little CS yet BM lives around the world. How is his CS based on time because we have the children 24/7?
Everything becomes all about the child support and not about the child. She is making it all about the money. I don't feel that the NCP's should have to fight for more time with their children.
I completly agree with you
I completly agree with you ... in so many of my cases, then our personal situation it really does become about money. I am a firm believer that if the NCP is a good parent, takes care of the child, etc., then they should have as much time wtih the child as the other parent, regardless of ability to communicate or whatever.
~ Katrina
My take...
There are two aspects of divorce relative to children: child support and custody. They are two separate issues. Visitation is a custody issue, not a CS issue. Yes, the CS amount calculation does, in some states, take into consideration the amount of time a child is with each parent, but there has to be a significant change in amount of time for there to be a significant change in amount of CS paid. Going from EOW to 50/50, for example. Going from one week during summer vacation to the entire three months of summer vacation, for example. Having the NCP take the child after school until the CP gets off work so that there's no need for the CP to pay child-care costs, is another example. Adding an extra day here or there isn't going to warrant a decrease in CS and she's crazy to think she has anything to fear by DH taking some extra time. Even if you did take her back to court for more CS, you'd have to be getting him significantly more than before. A day or two here and there isn't going to give her anything to worry about. If she took ten minutes to check the laws where you live, she'd know that.
I think this is 100% manipulation, nothing more. But you know how it is, you have to play the game. I'd reassure her that CS and visitation are separate issues, that there's been no significant change in circumstances to warrant you going after less CS and that time with the child isn't necessarily something she "grants," it's something her child has the right to receive. As NCPs, we always get "blessed" when the BM decides to "grant" us "extra" time and we always know it's because she's got plans and can't find a babysitter. Big deal. I roll my eyes and we always say yes, because we've never gotten them enough, as it is, and extra time, regardless of the reason, is always a good thing. It's no skin off DH's nose to say to her ON THIS ISSUE, "Of course! You're absolutely right! I agree! I'll take him both days." Then the two of you can have your little laugh at her expense and behind her back, and then enjoy the extra time with J.
~ Anne ~
"The past is a foreign country; they do things differently there." ...Anonymous
I wanted to write a long
I wanted to write a long drawn out repsonse, telling her that she needs to re-read the modification documents, that it was NOT about child support, but ... DH wants to KIS (keep it simple stupid). We really are trying to pick our battles, and one of those things is realizing that she will NEVER see things the way we do, she doesn't read everything, and will always believe what she wants to believe. Until she comes to her senses and realizes that it's not about money, it's about SS ... it will always be like this.
I'm really trying to "turn over a new leaf" where I don't let her get to me. It's like DH said ... we KNOW SS will come to us dirty, his nails and toes probably won't be clipped, and his ears won't be cleaned. We have bitched to her about this before ... we can't control what she does in her household, and can only teach SS what is to be done in our home, and pray that once he starts taking care of himself on these things (in a couple of years) he will follow our example.
We have been instilling in him that it is important to dress nice to school - he does this when he has the nice clothes to chose from, he will pick the nice clothes (yes, we will have to buy them for him). We have been telling him that he needs to take a bath at least every other day. When he gets his ingrown toenails, and hangnails ... we tell him ... if you ask mommy to clip them more often, it won't hurt cuz this won't hapen.
All we can do is our best when he is with us.
~ Katrina