I am so upset with exH. (VERY Long)
I have, for the past 8 years, enjoyed a (for the most part) amicable relationship with my ex-husband and his wife. That’s not saying there hasn’t been the occasional bit of drama, because there has been. Thankfully that doesn’t happen often.
When we split we sat down and agreed on custody, visitation and CS, and a schedule for CS to be paid every other Wednesday when he gets paid. We never went through the courts for anything and it has been okay, for the most part, since.
That being said, I am so upset with my ex-husband right now that I don’t care one bit if I never see him or speak to him again. It can be done, and as far as I’m concerned it will be done. I think it’s for the best.
I’ve mentioned on here before that DH and I are looking to move about an hour away from where we currently live, due to DH retiring from the military and the only job he could find is 2 ½ +/- hours away, one way . This will add about 45 additional minutes travel time between the ex and I. All in all, it’s not really a big deal….or one would think.
When I originally brought up the move to EH around September he wasn’t agreeable to it, wanted me to drop CS and he would agree or else he would file for custody of DD. I offered to continue meeting him where we currently meet so that it wouldn’t affect him at all. He currently doesn’t see DD besides EOWE and has not attended school functions for several years, has never been to a parent/teacher conference, and does not see her at all during the week, so literally NOTHING would be affected by this move, in regards to his relationship with her. He has many excuses why he can’t see her more and is always saying well, after XYZ happens I’m going to start getting her one evening during the week. His latest “reason” has been rectified since early November and still hasn’t made an effort to see her besides EOWE. Anyway, after a while, and after him asking DD who she wanted to live with (against my wishes, I might add….didn’t want to put her in that position), we agreed that she would stay with me and I would continue to meet him at the current spot. I did lower CS slightly at his request, to an amount we both agreed to. IMHO....everything was good and fair to him.
FF to last week. I sent him an email just to say “hey, wanted to go over everything we agreed to, so we can get it in writing and filed with the courts, let me know if I missed anything you can think of”. I also asked him to please make sure that CS is paid on time, as it has been late numerous times, often not even being postmarked until the day after it is due. (This is a result of a sense of power on the part of his wife, as she writes the checks and has been trying to get the due date and the way that it is paid changed since she’s been in the picture). So, in response I get this hate-filled email from him basically telling me that unless I drop child support by $300 per month he isn’t agreeing to anything, that he’s tired of me complaining if child support is late by a few days, and that he’s basically tired of kissing my ass. He went on to inform me that he has his own bills to pay and shouldn’t have to “pay me” for our daughter after I took her away from him. He went on to say that he has kept notes about her coming to his house in clothes that were too short, or had holes, etc., and times that her fingernails needed cut. He told me that he would take her from me and he was prepared to take care of her hygiene if I couldn’t seem to do it. Even went on to tell me that I was wrong for letting her shower in the mornings instead of at night, because then she is laying in her own filth in bed!! He also told me that he shouldn’t be put out because I am constantly moving around. (I have moved twice in the past 8 years….one time was when I moved from our marital home!!!)
I responded by reminding him that we sat down together and mutually agreed to everything 8 years ago. I never once have asked for more child support from him even though he gets not only a pay raise, but a cost of living raise each year. I pointed out that WE, again, agreed on a CS amount and a due date, and I don’t feel that me asking for it to be on time is out of line. I told him that I was very upset that we had come to an agreement regarding the move and he is backing out of it. I also told him that considering the general tone of his email and his obvious dislike of me, that it would be best if we limit our communication to only email. I asked him not to call my cell phone again, and advised that he can call the home phone to speak with DD whenever he wants to, and she knows his phone number and can call him whenever she wants to. I also went on to explain to him that, unless he picks her up from school, she will go to his house in what is considered play clothes, because I don’t have an unlimited supply of good school clothes and I don’t want to chance them getting ruined or her forgetting to bring them back. They have a selection of clothes for her at their house, so it isn’t like there aren’t “good” clothes available if they are needed. If I need her to be in something nice when I get her back from them, I always pack something for her to put on so that they don’t need to send their clothes home with me.
He has completely disregarded my request of email only communication, saying that I am making it hard for him to contact DD. I have just stopped answering my cell phone when he calls it.
This past weekend DD had her first basketball game. When I was getting her black shorts together to take to her dad’s Friday I noticed there was a spot of purple paint on them. I just told her she’d have to wear them to that game and I would get her some new ones in time for the next game, as the spot wouldn’t be noticeable when she had them on. Well, DD gets home and says “SM said I shouldn’t have shorts with paint on them and I need new ones”. So, I asked her if she told them that I already saw it and was getting new ones, she said no, because she thought she would get in trouble. I explained to her that she wouldn’t get in trouble, because she wasn’t doing anything wrong. So, I was a bitch and emailed exH to tell him to add to his notes about the paint on her clothes that I was aware of it and didn’t notice it until the day she left, and have already purchased new ones.
When he came to pick her up Christmas Eve he mentioned that he is very unhappy about everything and that he wants to be civil with me. He also went on to say “Things will probably get really, really bad for a little while but then they will get better”. I told him that I was not interested in a friendly relationship with him, that I will be civil when around him, and that I was very upset that he springs on me that he isn’t agreeing to the move now. His response is “I just can’t afford it”. That’s what pisses me off the most….it’s all about the $ to him and has zero to do with DD. If I said okay, you don’t have to pay CS, then he would jump on it, even if I was moving across the world.
Take him to court, have the
Take him to court, have the judge set CS and that's the end of it.
Bring in every shred of documentation you have (emails, if you have texts, etc) to show that he's agreed to the move and now is trying to manipulate you into lowering CS or he won't "let" you move, etc). Is the move out of state? If not, there probably isn't anything he can even do about it anyway.
Get letters from her doctor, teachers, etc stating that he is not involved in her life, education, health, etc and that YOU are the only one going to conferences, doctor appt's, etc.
Do NOT take him to court!
Do NOT take him to court! Send him a certified letter stating what you both agreed to pertaining to the move, where you are moving, etc, 60 days prior to the move or asap. If he wants to contest it, let him take YOU to court. I bet he won't do anything. This is because of the sm, not because he wants whats best for dd. Once you involve the court you can kiss thousands of dollars goodbye and the rest of your life to boot. Do you really want the system in your home?
It sounds like his wife is in
It sounds like his wife is in his ear, especially with the fingernail bit, what men notice fingernails? My DH may but men generally don't. So sorry you are going through this, in my state you don't need permission to move as long as its in the same state/area.
You have to do whats best for your family, your DH has to work to support the kids. I would consult an attorney on the laws for you being able to move.
"Do NOT take him to court!
"Do NOT take him to court! Send him a certified letter stating what you both agreed to pertaining to the move, where you are moving, etc, 60 days prior to the move or asap. If he wants to contest it, let him take YOU to court. I bet he won't do anything. This is because of the sm, not because he wants whats best for dd. Once you involve the court you can kiss thousands of dollars goodbye and the rest of your life to boot. Do you really want the system in your home?"
Worth repeating. Do quit worrying about a few days late. One week? Sure.
Don't sorry about his threats - they're empty. Until you get a summons just keep copies of everything and as you've been doing and don't answer his off-time calls. You're keeping your kid clean, fed, clothed and medically cared for. No court is going to take a kid away from you for a paint spot nor a hold in the underwear. Judges are used to these stupid accusations and ignore them. Only days old fecal material on underwear is going to get their attention.
You're doing fine, let him rant and rave, and until he actually realizes he'll have to front a couple of grand to a attorney he'll continue his "taking you to court" threats - but it'll never happen.
Dealt with this myself in
Dealt with this myself in regards to having an agreement for cs outside court. Went bad too. Look, I understand that going to court will cost money but you need to seriously consider it. Yes, absolutely send him a letter first. In fact, find a lawyer willing to send it for you for a few hundred dollars. Yes, I know, people, it's money she shouldnt have to spend. However, you sending him emails and letters has not convinced him youre serious about taking this to another level. Having a lawyer just send a letter on official letterhead stating your intentions if he doesnt comply with your requests is going to scare the crap out of him and his wife. Ask around. Find a friend with a friendly lawyer or knows a family member that's one. And he's an idiot if he thinks a judge will just give him custody because you are moving a mere addl 45 min away. All these notes and whiny stuff? yeah, unless it's out and out neglect or abuse, the judge will toss those notes in the garbage. He's the father - why isnt he picking up the slack and cutting her nails or buying her the damn shorts then and billing you half? What really sucks is it sounds like your poor daughter is stuck in the middle. But trust me, dont be shy about going to court and having child support directly pulled from his check by state. Then you are guaranteed it's going to come. States suck but at same time, they also mandate the percentage. He may owe you back child support if he hasnt given you legal amount.
I agree notify him & the
I agree notify him & the courts in writing, note that nothing will change for him. Leave CS alone until after you move. He has very little to stand on if nothing changes for him & he'd have to pay filing fees. Also, if anything CS would go up because he's not using weekly overnights & it's not been reviewed.
In 6 months, File to have CS reviewed and garnished - that way you don't have to worry. I'd be sure to tell him it was because he made such a fuss.
Thank you so much everyone
Thank you so much everyone for your suggestions and advice. I have spoken with one attorney and have a meeting with a second. I'm hoping that once he sees that an attorney is involved that he will agree to what we'v already agreed to and we will just have it filed in the courts, without too much of a battle. Sending the letter is a good idea, and one I had not thought of. I'm not really concerned about the supposed hygeine concerns on his end. I did tell him that if he was concerned about that to please speak with her school teachers, nurse, etc., and I was sure that they would put his mind at ease in regards to her daily hygiene.
Basically I think he is trying to “scare” me into agreeing to his terms, which I absolutely am not. I figure, worst case scenario is that a judge will not allow me to move with DD. In that case, DH and I will figure something out in regards to his commute to work. Thanks again everyone….it means the world to me to have so many people that have BTDT give advice!!
I forgot to add, when he
I forgot to add, when he emailed me back after my initial response to him he said "I'm not saying you're an unfit mother. If I thougt that I would have tried for custody".