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New!!! BM after me for CS

iaintnoangel's picture

In the last 18 months I graduated from university, got married, got an AMAZING job that pays ridiculously well and gained a daughter. Things so far have been great because SD lives with BM in another country, we get SD for holidays or when BM wasnts a break. my husband commutes frequently between our home country and SA where we live because his businesses are in our home country, as are both our families. However wqeboth own property here in SA, anyway I digress. Recently because of my new job offer we have had to rethink our living arrangements as this is not an opportunity I am willing to give up and DH supports my career.

We have decided to leave and both go overseas so I can pursue my career with my husband commuting monthly back to our home country to take care of business. BM was NOT happy to hear about this, as she wwas planning to move down to SA, where there are better schools as SD is starting school soon. She has told DH not to move and that if he goes through with the move she will go after my income in CS. Right now DH gives her a generous lump sum every year.

I got wind of this today and consulted a friend of mine who is an attorney. She said depending on which country she decides to do this in, she is entitled to up to 50% of our household income, so that means half of what I earn goes to his stupid one night stand! This woman has made my life hell while I dated DH. DH got BM pregnant a month before we started dating, when BM found out about me she lost the script and I broke up with DH until he explained the situation. It took a year and a half for me to consider dating him again.

Now comes the interesting part, after I starting dating DH again, BM warned me to leave her man alone and I told him. He said to ignore her, so BM files a lawsuit against me for adultery and breaking up her marriage. I was in university at the time and dependent on my parents so you can imagine their shock that their daughter was dating a married man (DH and I were in a long distance relationship at the time and I only saw him over my vacations). DH was fuming and called BM to explain to which she said "DH we are married". Now BM and DH were never married, legally or customarily. However in our culture if a man gets a woman pregnant out of wedlock, he must pay "damages'" to her parents which DH did. The problem with this custom is it can be misconstrued, because one can claim this was "lobola" - a brideprice which constitutes a marriage under customary law. So the fact that DH had paid this money was used by BM to argue that DH was her husband. When my parents questioned me I explained to them that even if they were customarily married I had never slept with DH so therefore I was not guilty of adultery (I only slept with DH after we got married, my parent's condition for paying my university fees and expenses for the duration of my degree). My parents arranged a meeting with DH's family and BM's family to sort this out. The truth came out there because BM's family confirmed that there was no marriage between BM and DH and the money was given as "damages" and not the brideprice. The lawsuit was dropped and BM's family apologised to my family.

Since then BM has been petty but relatively well behaved, but this is just vindictive and mean! I have never done anything to this woman. I even broke up with DH when i found out he had gotten her pregnant and didn't take him back until later.

Sorry this is so long but I don't know what to do!

Comments

Ommy's picture

look into getting a Post Nuptial done. That way your money is protected and she may not be able to touch it. We have that in the U.S I am not sure about S.A or Australia so I would go to an attorney and find out. It my be in your best interest to "divorce" on paper to protect your money until the kid is of age (of course don't let your family know it sounds like they are sticklers for the "marriage" rules in regards to sleeping with someone).

Kilgore SMom's picture

I'm sorry I know nothing about other cultures and am not sure how to advise you. I would speak to your parents if I were you and see what they feel is best. Maybe a phone call from them to her parents could stop her harrassing you. Good Luck.

Helena.Handbasket's picture

There has to be a loophole for this CS issue. There is no f*cking way BM would ever get my money. EVER. I would legally sever my marriage to DH first and remarry once they are of age.

Talk to your attorney friend and get a recommendation for a good lawyer who can handle something like this. Its better to be prepared already before she does anything. Once she files you will have more info to work with, but at least you will have already got the ball rolling.

iaintnoangel's picture

I am not indian, I am african, ndebele to be specific, legally in most sub saharan countries customary marriage is recognised as a legal and binding contract. I am married both customarily and under 'legally - under the marriage act'. BM's lawsuit for adultery against me was withdrawn when the families all had a sit down as she was not even married to Dh, tht was a while back. However since I married DH she is legally entitled to my money for CS - which is the problem i have. I have a meeting with my attorney tomorrow to figure out the best way to proceed it myt just have to be divorce on paper

Helena.Handbasket's picture

I would love to hear how your meetings goes. If you want to share, please update us later.

Gabriels Mom's picture

Wow If my family, DH's family and the sea donkey's family all had a meeting, sea donkey would be FURIOUS because all her lies would be found out. I actually think the laws in your country are kinda cool. But anyways I have no idea what to tell you other than seek the advice of your parents and a good attorney.

iaintnoangel's picture

thank you, sea donkey hahahahahha i like that! I will look into a post nuptial agreement. This woman is beyond crazy!!!!!! I would consider getting full custody of SD, this woman woukd probably give her daughter up for just the right amount!

iaintnoangel's picture

If I divorce DH it will affect his visa. I might have to consider declining my job offer. I think BM is upset about us leaving, which I DON'T Understand, its not like we see her. Maybe she's afraid we'll stop giving her CS for SD, but DH loves SD and will always make sure ahe is taken care of. He bought BM a house and her car so BM could take care of SD. He pays her bills and give her CS, I honestly don't know what more she wants. DH has been more than generous because BM lives better than most people with good jobs in our home country and she doesn't work, she just had a baby!!!!

iaintnoangel's picture

I think thats the best idea, this informal arrangement between BM and DH is NOT working in our favour!