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Trying to focus on the positive

Caitlin's picture

Ok, so SD is having a nervous breakdown and refusing to speak to or see her dad and BM is keeping her holed up in their apartment, not going to school, not going to her extracurricular activities, just wallowing in the dark and freaking out and staying up till all hours of the night together, but instead of despairing I am going to focus on the good things going on. Like, even though this is terribly traumatic for SD right now, at least BM is misbehaving in front of the family therapists and SD's psychiatrist so they can witness first-hand what is going on and be there to help SD and perhaps get the ball rolling on us pursuing custody. I am so very sorry that SD has to suffer, but BM is only helping our case.

If we do get custody soon, this next news may complicate things, but for now it's very good news - we have our child support modification hearing scheduled for June 25th so we can put an end to sending out 60% of my fiance's income every month. I found out in March that he is way overpaying because the calculator didn't take into account his second family he has to support. So we've been struggling for YEARS unnecessarily. According to my calculations, his payments will be at LEAST cut in half, possibly even cut to ONE-THIRD of what he's paying now if they put an end to the alimony pendente lite, which *should* happen once the divorce is finally freaking final.

Which brings me to my next very exciting news - I think we may have *finally* found a lawyer after three long months of searching. After hearing some of the attorney horror stories on this site, we knew we had to hold out till we found a stellar one but man was I getting tired of looking and waiting it out! After a very promising phone consult today, my fiance feels very confident in her abilities and he is meeting with her in person on Tuesday. I am really hopeful that this is the one! Hooray, we can finally get BM's claws off my fiance so we can get married after years and years and YEARS of this hanging over our heads!

So, we'll be able to keep more of fiance's income AND legimitize our family. And if SD comes to live with us, we'll have to modify support again so I'm hoping there's not a waiting period between modifications in our state. All it says is that you can modify only when there is a significant change in circumstances and I do believe that a change in custody warrants a change in who pays whom! I have about zero hope of ever getting child support from BM, but at least we wouldn't be paying her anymore.

So things are happening. We just have to keep our chins up.

Comments

papergirl31128's picture

I believe if you get custody - your lawyer can draw up papers to stop the child support immediately. My friend is going through the same thing- he got temp custody but haven't really pushed the issue of stopping the child support until they went back to court and he felt confident he would get custody- so the lawyer filed the paper work- took a couple of days for it to be put into effect.
Good luck

evilsm's picture

When we got full custody the CS stopped almost immediately. I can't stress enough to let BM hang herself. It worked for us and we do not have to pay CS any more even after we agreed to 50/50 custody. Keep your chin up Caitlin after what DH and I went throught with a crazy BM I see that the good guys do win sometimes.

Our greatest glory is not in never falling but in rising every time we fall.
Confucius

Anne 8102's picture

Yep, if you get custody, you can immediately modify support. The only thing is that if it's paid through the state's CS collection agency, then you MUST keep paying until it's officially "offical" through them. Otherwise, you'll appear to be in arrears, even though you are not, and it's just a pain in the ass to get that corrected if they take action. If he cuts her a check every month directly, then I don't think you can just stop effective whatever date he takes custody.

I'm sooooo sorry to hear that SD is having another meltdown, but I'm glad that there's a witness to her persecution in the form of her therapy team, because that's what her mother is doing, persecuting her for feeling fondess and acceptance of her dad's new life, with her new SM and sibs. That is so wrong and so sick on so many levels. This woman is digging her own grave and doesn't even realize it. What a pathetic life she must have that the only love and support she receives she has to manipulate out of her own child.

Hang in there, Caitlin, and focus on all those little lights you're starting to see at the end of the tunnel!

~ Anne ~

"Nobody can make you feel inferior without your permission."
-Eleanor Roosevelt

Little Jo's picture

One step at a time. I too, am sorry that SD is having a hard time. This has got to weigh so heavy on her little shoulders.

And I hope so much that this lawyer will straighten this mess out.
I can't wait for the day you tell us that the divorce is final. Man, we will all be doing the victory dance for you.

Just stay calm my favorite brat. You are a good person and you need your rest for the baby.

Hugs. Jo