This is a long one. Get your popcorn ready.
Once the original (pre-relocation) custody agreement was put in place, she immediately filed for a modification of support (despite previous claims that she wouldn’t in order to get things settled). Just to be clear, the amount of support I would be left to pay would have been the same given the arrangement. Staying or going didn’t change that.
My first attorney would make a huge mistake here that would be the last one I would allow. In what would prove to be the first of many disagreements over appropriate childcare, my attorney would mistakenly indicate at the support conference that I was okay with PEW’s arrangements for a private babysitter (a friend). While I don’t think it would have changed the contentiousness that would exist over the issue, I just couldn’t stand for such a glaring error. I mean, it was precisely the opposite of what I had conveyed to him.
The figures were something like this: for 3-months (before my health insurance kicked-in) - my child support figure would be 45.5% of my net income. After 3-months, it would go down to 40.0% of my net income. Given my possible living arrangements in the area, after rent for an apartment, I would have been left with less than $1,000/month with which to take care of all other regular expenses: food, insurances, gas, utilities, clothes, shoes, phone, etc. That meant no savings nor planning for my own future, let alone the future of the children. That was impossible even minimizing things. Had I gone bare-bones basic, I likely would have been left with a place to live that those in the family court cartel would have scrutinized as being inadequate for the 2 children, which likely would have led to a further erosion of my custody time (and a likely further increase in child support). Remember - this child support figure was calculated using a licensed, certified childcare facility. This is important to remember because almost immediately after this was entered as the order, she would not put the kids into the childcare center we had agreed to.
Making matters worse, PEW was “padding her financial stats” to make sure that I ended up paying for things she claimed at a high rate of expense, when she was paying out less than disclosed to the court. Her primary area of making extra money was by exploiting the childcare arrangements for which she would later be found in contempt of court. This would be the first example of this:
LM,
I was just offered a job yesterday that I am taking. It is a regular mon-fri 9-5 workweek. Here’s my question for you. I’d like to see if one of the mom’s at S2’s school would consider watching him for the rest of the school year, so that he could finish out the year at [St. Church's], but at the same time I’m thinking and wondering if you’re going to give me a problem with paying her. Most people want cash for this, they don’t want to claim it as income. The problem is when we go to the support conference, If it’s not an actual day care setting….are you going to have a problem paying half?
Also, it would be nice to work out this custody thing so I can start making arrangements for them to go to summer camp on the weeks they are with me. Also, what are your plans for them in the summer? Will they be going to camp? Staying home while you’re at work?
I really had to make this work move because of you moving. There was no way I was going to be able to cover those 2 or 3 weekends. It’s too much and I called a nanny service and I’d have to pay more than I make.
~PEW
So, the shenanigans are already starting. The only point I’d like to make here is that her last paragraph is a lie. She didn’t make his job change because of my moving, as much as she would like to portray that as reality. She was planning this move for sometime as previous posts have detailed. She leveraged her stay-at-home-during-the-week status to win the primary custody recommendation from the custody evaluation. PEW repeatedly informed me that she would be taking a 9-5 job for since the summer of 2004. Further, given how normal interview processes take, she was fully involved in job-seeking before I ever disclosed to her that I was taking a new job and relocating… it was only about 2-weeks later that she told me this.
This was followed up by another custody settlement plea from her…
LM,
I am writing this to beg you to please re-consider what you are trying to do with the custody. I spoke to two other attorneys who informed me that you’ll never get every other weekend because it’s too much for the children. They said none of the judges would go for that. The summer deal, we can tweak it, but I’m not going for all summer. I can’t just drive over there and visit at will. You were always welcome here when you were around the corner, but you never took me up on it. I don’t think the kids (especially S2) could be away from me ALL SUMMER. If you want to split it this summer 50/50, 2 weeks there, 2 weeks here, 2 there, 2 here….I can do that.
~PEW
Followed by…
LM,
I can’t keep spending thousands of dollars on this attorney. I’m going broke. I want to get the kids into a house.
Same for the support. If the attorney’s could just work together then we wouldn’t have to go to a conference. There are guidelines in place for just that reason. They come up with a figure then we agree or disagree and that saves us from having to sit up in [court house] for a whole afternoon and me having to pay my attorney a whole weeks pay to sit there with me.
Working with me on this would go a long long way to burying the hatchet….PLEASE
~PEW
Sad. Pathetic. It’s all about what she wants. Her plea is centered around her belief that the children won’t be able to handle being away from “her” all summer. I guess all of her posturing and fighting over the course of the prior year to minimize their time with me wouldn’t adversely affect the children, right? My proposal was to reverse the custody arrangement for the summer and that would be “too much” for the children to handle. But the 9-months that they’re in school and I am living that arrangement, well, that doesn’t matter so much.
Conveniently, she wants to pick a provider that wants to make sure she is paid in such a way as there is no accounting for the actual costs. No surprise there.
Oh, and if I just accede to her demands, THEN she’ll bury the hatchet. Yeah, right between my eyes as she’s always done.
PEW,
The problem is when we go to the support conference, If it’s not an actual day care setting, there is no accountability for the costs associated with your friend, JM. Further, we can’t claim it on our taxes. Finally - we could get into a heap of trouble due to the whole nanny tax issue that seems to be all over the news lately.
At this time, I have not made any plans for them for the Summer as the custody issue remains unresolved. If you are not amenable to having primary custody revert to me during the Summer, we’ll have to go to court to resolve the matter, unfortunately.
~LM
Her reply…
LM,
You still didn’t answer the question about child care. If it is a private home setting till June for S2 are you going to give me a problem with sharing that expense? I’m sure people aren’t going to want to report it as income. If it is going to be a problem then I guess I’ll have to go with a traditional day care. Which I may have to do anyway if I can’t find someone.
I got one of the mom’s at [St. Church's] to watch S2. JM, she’s the president of the CYO. She also subs for S2’s teacher so he already knows her. It will be $160/week. S1’s will be $15/day. In sept. it will be a little more for S2 because he’ll be going full time, 5 days/week at a nursury school, I’m not sure which one yet.
~PEW
$160/week with her “friend.” This was far more expensive than other options available to us for S2. It’s important to remember that he would be watched for exactly 3 half-days. Of course, S1’s aftercare, which amounted to pretty close to the same amount of time over a full week at school, would only be $75. Something doesn’t add up here.
I told her that I was not in agreement with her unilaterally choosing JM to watch S2 and things escalated from there. She told me that she didn’t have to consult with me on childcare. Wrong. She absolutely did.
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