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BS needs stability...would I be out of line for asking exH to "make a deal"? Need some advice

hangingbyathread6's picture

So as I posted a week ago, my exH filed for mediation for 50/50 custody. He moved 6 blocks from my home two months ago with his gf and her 3 FT girls and one that comes and goes as she pleases. He says it's to spend time with his kids, but in reality it's mostly to get his CS lowered by gaining overnights. He is supposed to cover our three kids under insurance but was fired from his job so my DH stepped up and added my bios to his insurance plan that cover us and skids. My BS8 has a developmental delay and is having weekly therapy sessions that require a 200 mile round trip for an hour of therapy and then home therapy administered by me 5-6 times a week. He has struggled with school for the last three years and my DH and I have been actively meeting with the school during this time trying to identify how to help him. This diagnosis of a delay was discovered in July and my DH and I have been the ones who make the weekly trip. There has been success and it does seem to be helping him. However during this time the school also started evaluating him for special education assistance and LDs. The school psychologist called me today and we have to have a meeting regarding that my son does have a LD and we need to sit with the school and set goals and a plan on how to help him. This breaks my heart. My son works so hard on his therapy and he is noticing a difference and that it is helping, and I have no issue with him getting help from the school also, but I honestly think with all of this that the tossing the kid back and forth between the homes EOW is going to make things more difficult for him, and will exacerbate his struggles. My exH isn't very supportive and cooperative when it comes to helping BS succeed and stay with his class in school (and ex is a teacher!) because he wants BS to get held back so he would be 18 for his entire Sr yr in HS for sport reasons (love my kid, but he's not the next football, hockey, or bball phenom).

I know my ex wants his support lowered. I don't really need the support to take care of my kids. However, I know that with out being court ordered to pay CS my exH would not support the kids much at all. He is very self centered and narcissistic. He can spend hundreds on new tattoos he's recently started splashing all over his body, but can't come up with $20 to put in a card when he sends one of our kids to a birthday party for a friend. So the CS is mostly for principle. To say, YOU made three babies with me. YOU wanted all three children. NONE of them were unplanned. YOU told me if I didn't have a third (my sweet sweet son) we would have MAJOR marriage issues (I had miscarried and didn't want to go through it all again, we had been blessed with two...why be selfish?) and so I agreed to a third (even though we were already having MAJOR marriage issues as YOU were involved in a long term affair with my close friend unbeknownst to me at the time). When you chose to have children they need to come before your wants at times. You have a responsibility to support them emotionally AND financially.

However, although I'm really not sure he will get this modification he is requesting as the schedule the kids have is 3 1/2 yrs established and they live in the only home they have known and they all do well, I won't say I'm not worried about it happening. I don't think EOW would be in the best interest of my children. I don't think it would benefit my son with all he faces as it is. I am considering calling my ex and asking to meet with me. The mediator suggested we try to come to a solution rather than go to court, but I am not willing to agree to EOW. So I want to offer an agreement. If I drop the CS by half or even all together with the understanding that he will be expected to assist with things the kids need. My son's therapy costs $115 out of pocket for the therapist, on top of travel expenses and missed work that is unpaid by my employer. I would agree to this if he agreed to help out when asked, and to agree not to drag us to court again. I am fairly certain he would agree to this, unless he thinks he may be able to get CS from me if he has EOW. I'm not sure. I'm fairly certain live in gf doesn't really want my kids there EOW but she doesn't appreciate that exH pays CS leaving less for him to spend on her and support her kids (from more than one father, all deadbeats, as is she, although in fairness she seems to be starting to try to get her shit together, however the hook up with my exH was because he could support her and she had no $$ and was getting kicked out of her living space at that time, and no vehicle and thought exH was better off financially than he really is).

So fellow steps, both full time and part time...what do you think about my idea? My DH is fully onboard and supportive of doing this. He feels that it wouldn't be good for the kids, but most importantly BS. He says he doesn't care about the CS if it makes it that we don't have to deal with court crap and such we will take care of the kids ourselves. THe other side is that I don't know I can trust exH to hold up his end of the bargain either.

Advice and thoughts please.

Comments

Willow2010's picture

If you really don't want the kids to go EOW to the ex, then I would offer for ex to pay 1/2 CS (or less) and not expect or even ask the ex for anything else. You know any agreement he makes will not be honored.

BethAnne's picture

I agree with willow don't rely one minute on him giving you money beyond CS or him not going back to court, 1/2 the amount he pays now would make a big difference for him and may sway him. But I would also maybe look at what extra days or overnights you could give him that you don't feel would affect your kids health needs, not a complete 50/50 but a bit more than he sees them now. Maybe one extra night a week and an evening dinner? Perhaps he could take the other two kids for the evening when you are taking your son for his therapy?

Teas83's picture

I would value the extra time with my children more than the CS. I would try to make a deal if it were me. Drop the CS (or lower it) for him and allow you to have more time with the kids.

ETA: My advice is, of course, only if you can afford to still provide properly for the children.

moeilijk's picture

I think you should consider hardball. ExH isn't providing insurance nor paying for therapy or travel costs/time to therapy - both of which, if I understand correctly, he should be either paying or paying half of.

If he doesn't want to buy presents for the kids to bring to a birthday party, I suppose he could claim CS should cover that (like, does he have to provide clothes for the kids while in his care or does CS cover that? You know, the never-ending debate.)

But at the next meeting with him, I'd have Attack Plan and Fallback Plan. Fallback Plan is what you are comfortable with. Attack Plan is to point out that he's already not meeting his obligations. Don't give a second thought to his tattoos, that's just another distraction - problem is he's not providing insurance coverage.

That way, you can play hardball, let him know you will stand firm, and yet be the nice guy while getting what you want.

Totalybogus's picture

I agree with this. I would not give 1 inch. Your children deserve to be supported by their parents. He is one of those parents.

The court will see this for what it is.

Jsmom's picture

My thoughts are that the special needs child needs consistency. But why not give him more time with the other kids. I am of the belief that they should share the responsibility and have 50/50. Kids need both parents.

But, that said, my SS had 50/50 for years and the last three years we have had full time and he is thriving with consistency he didn't have with BM and 50/50. He was not special needs, but he needed attention and not more therapy or meds, that BM was pushing. She even had him in a class for kids with poor social skills.

I think there is a happy medium for both of you. Come right out and ask him if it is about the CS and see what he says and take your cues from there.

hangingbyathread6's picture

Thanks for all the points. I will clarify a couple things:

1) The current CO is exH gets the kids EOWE and one overnight during the week while school is in session. During summer break we do the EOW since they do not have school and there is less demands on them.

2) I do believe my ex loves his kids. And they love their dad. That being said, my OBDstb15 does NOT want to change to EOW, my MBD12 is torn, and BS8 of course says "sure! I can play on the wii!!" he's 8...he doesn't quite grasp the concept

3) This therapy started in July and during the summer when ex had the kids on his week the activites were done only 2-3 times, and often it wasn't exH doing them, but he would rely on our BDstb15 to do the therapy activities and chart the observations. Not ideal

4) I don't want to keep the kids from him, I just don't think in the school year and with everything going on alternating weeks is in their best interest.

5) The CS is used for "extra" things. It often sits there and accumulates. My daughter went on a class trip to NYC, used CS to help with the payments, and took a chunk to give her to spend on souveniers etc. MY DH and I don't really NEED the CS money. We can give the kids what they have now without it. Granted, at times it may mean they have to wait a bit, or not get as much "extra" but that's not entirely a terrible thing either.

6)I don't always agree with exH choices, but they aren't my concern anymore either. I don't always feel he makes the best choices in regards to the kids, but again, when they are with him, his choice. He often is more wrapped up in himself and the gf than the kids. They spend a good amount of time "locked in Dad's bedroom so they can have 'their time' because gf says it's her time with Dad now!" Not something Iagree with, especially when they are there only EOWE and one night a week, but again, his house, his time, his choice.

7) Because he is so close now, I do encourage and promote the kids to ride their bike up or go and visit Dad if he is home and he said he's not busy and as long as they have their school work taken care of. I have given him extra time to take them shopping on my time etc and have no problem doing so and would continue to allow it. I do make my children first discuss it with their dad to be sure it's convenient for him.

8)I don't want to be the "tutor". Homework with him is lengthy, plus add the therapy activities nightly and it would be a disruption in the schedule that requires him to be with me for hours at times, I get home from work around 5:30. After dinner, we start our work, and often it's not done until 8:30.

So there's answers to some of the questions that were posed. I do appreciate all the feedback!

hangingbyathread6's picture

you all are being so helpful. I keep coming back and rereading them and pondering each point. I'm feeling a bit overwhelmed by it all and just really want what I honestly believe is best for my kids but not trying to keep them from their father in any way. And I'm tired of this court crap. He did this last year also. And the year before. It's like once a year he takes me to court for custody modification and it's always to increase his overnights which will decrease his CS. Last time it was he would get EOWE and an overnight during school and then in the summer when there's no homework and precise early bed times and running here and there, he wanted the kids to live with him and I would get EOWE and one night a week. He lived 20 miles from me prior to his move 6 blocks away. So this is not like he didn't have contact or it was excessively far for him to travel to see the kids. But I have had enough of the damn court room.

We go there tomorrow for DH whose ex is taking him to court to try to get EOWE because of her $80/month CS bill and she thinks if she could win EOW than DH may have to pay HER CS and she wouldn't have to work so had. You know that part time job she holds is exhausting!

I need a vacation!

hangingbyathread6's picture

He is employed as a temporary substitute as he does not have a valid teaching certificate. He says once he gets one he will be hired by the school as a part time phys ed teacher. However he has no idea what his salary will be, because he has NO CONTRACT. Therefore, supposedly they SAY they are going to hire him, however, will they for sure? And I'm not sure that he is actually getting his cert valid by end of October. He lost his tenured position where he had been for 13 years because he let it expire June 2013 and they found out in October 2013 and gave him until the end of the school year, he didn't get it done, and now supposedly it will all be taken care of by the end of Oct...8 weeks after STARTING the classes to get it back. He has a history of deception, and I just don't believe that if all it was going to take is 8 weeks of online classes that he didn't do it last year where he would still have his tenured position and be in the top of the pay scale because he had been there for so long.