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Old 01-24-2005, 10:21 PM   #1
kerosene
Touring the facilities
 
Join Date: Nov 2002
Location: The plains of Colorado
Posts: 3,476
Need advice on a personal situation

Maybe this should go under parenting, but I was hoping to hit a wider audience. I have never shared such a personal situation on the cellar, so please take it easy on me and also, beware of a very long post below.
Here is the background:
Bf and his ex split up back in February of 2004. Basically, she stalked him at work at lunch and chased him down in the parking lot with her van so she could get out and hit him in the face because he was not reachable over lunch break. That night, she took their 2 kids ages 5 and 2 at the time, and spent the night at her parents' house out in a nearby town in the middle of the country. That was when they both knew it was over. The next night, he left the apartment. He didn't technically move out because a lot of his stuff was still there, but he wasn't staying there anymore. She moved back into the apartment to figure out what she was going to do, and what she decided to do was file for divorce right away, move out to her parents' house with the children, and use her evil forces to unleash the wrath of hell on bf.
Over the next several months, she hired a lawyer and tried to intimidate bf in any way possible, while taking a victim role. She would not allow him to see his children, but alone and for a total of 8 hours every other Saturday. She constantly told him that he "left her and the children" and I believe she must have either told the kids that or told so many people that in front of the children that the 5 year old girl (who is now 6) believed it. Bf was able to get a little more time with the children...2 nights every other weekend and whenever the kids were over to spend the night, it was obvious they were extremely uncomfortable and it took them months to adjust to the changes. The 6 year old would say things like "Its okay if Daddy doesn't take care of us, because Grampa will" and "My mommy told me my lungs are all black now, because you and daddy smoke". We believe that the ex was completely out of control at that time. She would get angry with bf when he didn't agree to her terms, like when they had gone to mediation and she thought she was suppose to have full legal custody, and he wanted joint. But then, she would criticize him for not having the kids enough, even though that was precisely what he wanted. She would make up stories and twist truths in emails and on the phone about how he was "abusive" or "a dangerous person for the children to be around". She would then turn around and tell him things like "I know a real hitman and I would love to see what he could do to you....but I really do care about your happiness". It was messed up. She also quit her job ASAP after the break up, got enrolled in an associates program and then demanded an amount close to 1200.00 for child support on his 1800 a month salary. He usually paid what she demanded when she demanded it, because he knew little about how the courts actually work in divorces and thought she was right, though really irritating, since she was paying a lawyer to counsel her. He was then laid off, and began receiving unemployment about a month before the final hearing. She didn't let him have any of the marital belongings, so, all he had were clothes and tools. This all happened over about a 6 month period up until September. The final hearing changed a few things. BEcause it was considered an "uncontested divorce" since they "agreed" in mediation on parenting time, the judge didn't have to decide on everything. But, the judge did ask about his employment and he told her he was recieving unemployment because he was laid off. He also told her he was planning to enroll in school full time and after the undergrad would go to law school. The judge said this was a reasonable path and advised that he adjust the child support amount when unemployment runs out. Since the ex's lawyer is kind of a moron, he didn't adjust the child support worksheet, so the judge had to adjust it herself, which was inappropriate, apparently, and bf ended up with an order to pay 400 a month, based on his income from unemployment. The ex was beyond pissed. Parenting plan was "agreed" on at mediation and included bf having kids 2 weekends a month all year long with 1 weekend at 2 overnights and 1 weekend at 4 overnights...kind of sporadic, but it was the best he could get out of her in mediation. He didn't have the money to fight her in court, so he thought he would wait it out for a while and look for an opportunity to fight her, either when he had more money, or when she screwed up badly enough. Child custody litigation can run a person 20000.00 in legal fees. He didn't even have enough for a retainer. She had the backing of her rich, religious family behind her, so she could have fought, no problem. So, here we are now...she announced to bf that she wants to move to Houston, which is 20 hours away from Colorado Springs, where the children originally resided. Bf has since moved to Boulder, CO, which is about an hour from Colorado Springs, but an hour and a half from Peyton, where the ex still resides with her parents. She told him she wanted to get married in March of this year, so she wanted him to go ahead and agree to let her take the kids with her. He told her he would do so, but she had to agree to letting him have the kids all summer (3 months) and she would have to pay for their transportation. At the time, it seemed she was starting to calm down. Well, she came back with a counter proposal giving him half the summer and half the breaks throughout the year. She would not agree to paying transportation costs and there were a few other things she just did not address. They argued for a couple of weeks over it and she finally agreed to letting him have the kids for 2 1/2 months in the summer and half the breaks. Then, her father goes captain insano and sends him a nasty threatening email saying how he doesn't want to support his kids because he won't go out and get a job, etc. He threatened to hire all kinds of lawyers to allow her new husband to adopt the children and change their names. He also lied about conversations he had with his parents and tried to convince him that his own parents were angry with him (which, of course, they weren't). It was pretty bad. He talked to the ex about it and she was cold and rude about it, basically stating that her dad was "tired of bf running over her all the time". The thing is, she never shares any information about the children, like when parent-teacher conferences are, report cards, school events, etc. Any talk between her and bf has been about when and where they are dropping off and picking up the kids. He tells her about the things they do here, but she doesn't share any like info with him. They are suppose to have equal decision making in all areas concerning the children as per the decree, but she is not "co-parenting" and has not been. We also have reason to believe that all of this has been discussed and is still being discussed within earshot and sometimes with the children. When bf was a week late paying cs back in August, the 6 year old asked him "Daddy, when are you going to pay mommy?" She told me this last weekend that "Grandpa said daddy doesn't have any money." I asked her why he said that and she said "I think it is because Grandpa thinks daddy is being bad, but I know daddy isn't being bad." What the hell is going on in that house? So, they had decided on the parenting plan to let her move to Texas (in a huge leap of faith) but bf changed his mind. HE realized that we could provide a much more emotionally stable, constructive, loving environment for the children and that what we could give them was going to have a much better effect than what the ex can provide. He decided not to agree with the plan and she filed for a relocation with the court.

We're finally getting to the point here:
Saturday, he was served papers by mail telling him of her filing and it included all the reasons why she wants to move. One thing she said was that she had to move for a job (which is coincidentally at the company her fiancee works at) at 12.00 an hour for 30 hours a week. She said she needed this job because bf does not timely pay his cs. He has only been late one month, which he got caught up on. The second, less pronounced reason was her marriage to the guy in Texas. She also stated that he has neglected to take advantage of his parenting time, which was because of a change of plans that was agreed to by both parents at the time. She also stated that he terminated his employment to lower child support and would not agree to the move unless they changed child support contrary to the statute. This, of course, was anything but true. Bf has never had issues with paying support for his children, unless she has tried to get exorbitant amounts of money from him for no apparent reason. She also states that he hasn't paid her court ordered fees, and he plans to file for bk. He does plan to file, but has stated to her, that he doesn't plan on putting her fees in the bk, and there wasn't a court order for them, anyway. She cut his time with the kids back to 2 broken up 2-week sessions in the summer and either winter or spring break each year. All I could say is WTF?
So, what do we do? How do I best support my bf? How does he prove that she is lying through her teeth? Any ideas, suggestions or input? IS there any way we can get those kids out of that house? It is obviously emotionally destructive for them, but there is no worry about physical abuse to the children, according to bf, therefore it will be difficult to convince a court of an emergency situation. Thanks for reading.
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