adultery, breach of contract, cheating, child support, infidelity, legal proceedings, separation, Supreme Court of British Columbia

Court Settlement Agreement–$155,000

Shocker! My ex showed up at court. He has never attended a hearing for any court application that I have had to file due to his breach of contract. There were two hearings in 2016 and this was the 4th hearing for the application that I filed in December 2018. He never attended any of them. When I saw him, my heart started beating out of my chest. I thought, “What tricks are he and his lawyer up to this time?”

For about 2 1/2 hours he had to sit and listen to how his behaviour was “egregious” and “inappropriate”. After our last hearing in October 2019, the judge ordered him to pay the child support amount he owed after filing his 2018 taxes. He did not comply. He never did provide an accounting of what happened to the RESP money for our children. He never provided any banking information about his rental property, just receipts showing maintenance that was required on the property. He tried to show losses but failed to provide an accounting for any rental income. He listed the value of his share of the rental property as $40,000 yet he conveniently sold it to a business partner, the day after our January 2019 hearing, for just $4,500. He also failed to provide documentation surrounding other income he received during his employment.

His lawyer had no submissions. His lawyer didn’t have much of a defense for my ex’s behaviour except to say that he could have done better with his accounting and that he knew he owed me support payments and had no problem with my lawyer’s numbers. Yet, he chose not to pay the arrears. He could have made a “Without Prejudice” payment as far back as December 2018 when he acknowledged his income increased significantly.

Instead, his lawyer tried to discredit my character by saying that my 2019 tax return failed to show all of the support that I received in 2019. My ex didn’t even show up to court with a completed 2019 tax return (despite the reason we are at court is that he failed to exchange tax information with me, as per our agreement, for 3 years, now 4 years, knowing his income increased every year) and yet they are picking apart mine, an area that does not even affect anything that my ex owes?

I could see my lawyer’s frustration and she explained to my ex’s lawyer and the judge that I have no idea what the actual support amount should be because my ex failed to provide the information for it to be calculated. The judge agreed and indicated that it is between me and my accountant and is irrelevant.

At the time I filed my taxes, I had no idea what the support amounts were as my ex hadn’t completed a tax return for 2016, 2017 and 2018. The judge was not able to rule on spousal support owing until my ex provided the accounting he had requested which he did not. The judge ordered my ex increase support payments to me by paying $8000/month until spousal support could be calculated. My ex couldn’t even manage to obey that order for an entire year and arbitrarily decided to reduce the payment by $800/month just in time for Xmas, I filed my taxes with a support amount as per our last court order. If he is ordered to pay more for subsequent years then there is a specific CRA form my ex is required to complete. I have to submit that and have my taxes recalculated for all of the years so that I am not unfairly penalized in the tax year I receive an arrears lump sum amount.

The judge mentioned three ways he could award me and penalize my ex for his conduct. He mentioned applying interest to the outstanding support payment. He mentioned not allowing my ex to receive the tax deduction for spousal support and not requiring me to have to claim the lump sum spousal support figure as taxable income. He also mentioned my ex having to pay my legal expenses.

Just before the lunch break, the judge did ask us to try to settle the matter because he said that he did not believe the court could grant me the justice I probably deserved. I learned afterwards that it was unlikely that I would be awarded all three things discussed because the judge would not want to leave it open for my ex to appeal. If it was deemed to be too punitive towards my ex, he may have a case.

My ex offered to pay the full amount of arrears for spousal and child support for our younger daughter only–$125,782 for spousal and $4016 for our daughter and special expenses of $1716. (The judge had already ordered him to pay the outstanding child support for our younger daughter in the order received in July 2019, which was about $17,000 and he had been paying me around $5000/month more for the 12 months after our first appearance for the December 2018 court application and then $4200/month more for the last 6 months). If he had not made any increases, and he only did because I filed the court application, arrears would have been significantly higher. He also agreed to pay $23,486 towards my costs.

Having him acknowledge he owed me costs was important and is reflected in the order so if we have to go back to court again it shows that my ex agreed his conduct was improper.

My lawyer felt that I would receive more if I left it with the judge but last time it took 6 months for a decision and it has never been my intention to punish my ex, no matter how deserving. Practicing mercy is good for me and even though I thought it might soften his heart and that he might show some humility and appreciation, his actions following this have shown there has been no change in his attitude. He is digging his heels in further and it is highly likely we will be back in court again.

adultery, affair, cheating, child support, children, divorce, Family Law, in sickness and in health, legal system, parenting

As I Lay Dying

I had cold symptoms for 2 weeks that started with a sore throat but mostly involved just a dry cough. I continued to work but towards the end of the first week of symptoms, the cold seemed to move to my right side; I had a swollen eye and my ear was plugged. Two days later my left eye also was affected. My eyes were red but it didn’t feel or look like pink eye so I continued to work through the second week with no improvement but no new symptoms. I was still running, swimming, socializing and found a new place to live for me and my girls for April 1.

Saturday night, February 22, I walked into our downtown and back (an hour total). It was 10 pm when I returned and I felt a bit chilled. It had been drizzling, I walked home quickly so just thought I was little sweaty and cooling down. I sat on the couch and put a blanket around me and then I got a bad headache, which is very rare for me. I found some Tylenol but it did nothing. Three hours later I took Ibuprofen. I was still chilled and shaking and thought I was definitely coming down with the flu.

I continued piggy backing between Tylenol and Ibuprofen getting no relief. I had no appetite all day Sunday and mostly slept but managed to have some soup Sunday night. It did not sit well. I called in sick for Monday. I slept 10 hours through the night and into the next morning. Monday at noon I tried to make a smoothie. I would get up from the couch and put one ingredient in the blender and have to sit back down because I thought I was going to pass out. I did this 3 times for each ingredient. My oldest daughter came home for lunch and blended it for me and brought it to me. I could barely drink it. I slept and then threw it up. I was not able to eat anything else after that and by Monday night I couldn’t even keep fluids down. I texted my boss that I was not able to come in Tuesday either.

Late Tuesday morning my boss contacted me to see how I was doing. I had slept 11 hours, had no energy or appetite and was still nauseous. I told him I thought I should go to the hospital. He offered to drive me. I told him that I thought I needed to call an ambulance because there was no way I could even sit up to be a passenger in his vehicle, i was still vomiting even though there was nothing in my stomach and I could not envision being able wall into the hospital and wait.

The paramedics tried to measure my pulse and oxygen level in the ambulance. They placed the oximeter on every finger and thumb of each hand and were not able to get a reading. They took my blood pressure when I arrived at Emergency and it was 82/51. My temperature was 38,3. A nurse was assigned to stay with me and she said she would not leave my side. They placed me in an isolation room, started IV fluids and they took blood. They moved me to another room where the doctor came and told me that I was a very sick woman. She said that my kidneys were shutting down. She said for a young woman like me that was very concerning and that I would have to stay in the hospital for at least a couple of days until they figured out what was going on. They started me on 2 different IV antibiotics.

I remained in Emerg for 11 hours. I texted my girls and my boss and then I had a long time to just lie and think. I thought about my life and was very grateful for the life I had been given and the life that I led. There was no one that I felt I had wronged and needed to apologize to or that there was anything left unsaid in any of my relationships. I was concerned for my girls and what they would do without me. We were moving April 1, would they still go; I hoped my ex would pay for their needs but I had my doubts and I wondered how they would pack everything themselves. I suspected my friends would step in and help. I wondered if my ex and Janice would move into my place and look after my girls but I doubted that. I was disappointed that I never did get the money my ex owed me and wondered what would happen to our court case; maybe my lawyer would carry through on behalf of my estate so she could get her bill paid, too. I wondered if anyone would step in to advocate on behalf of my youngest daughter to ensure she received from her dad everything that she needed and was entitled to receive. I knew there was nothing in him that would say, “I calculate that I owe your mom $117,000. I will provide each of you with half of that money.” Nope, he would be dancing on my grave and would not give up a dime without being ordered by a judge to do so.

These were all just thoughts that didn’t matter. They floated through my mind and left. I never wanted to leave my girls or leave them in a precarious position with a parent who didn’t want to parent but I was content to die. I was at peace. There was nothing I felt I still had to do. I tried my best to do what was right for me and my girls in the time that I was given and I did my best. I wondered if anyone at my volunteer job, as an advocate to help others fight poverty, would know what happened to me. I didn’t want them to think I just quit. I left all my unfinished business behind though and started to focus on the hope of seeing my parents, my grandmother, my dog who just passed in the summer and my pets before him and my very good friend who had just passed 2 months earlier as well as 3 other friends who were in my mind at that time. As sick as I was, I was ready to let everything on this earth go.

abuse of power, child support, Family Law, infidelity, legal proceedings, Male abuse of power and wealth, special expenss, spousal support, Supreme Court of British Columbia

Apparently I am a Bar Joke

2019 ended with my ex sending an email acknowledging he owed me $117,000 in retroactive support payments but advised that his lawyer told him not to pay me unless I sign an order dismissing all outstanding matters before the court. He also reduced his support payments to me by more than $700/month to put pressure on me to do this.

We have a mediation agreement in place that spells out exactly how he is to pay support. For 3 years he chose not to disclose his income. I had no choice but to go to court in order for him to do this. That forced him to disclose 2 years of income information and to file his taxes for the 3rd year of income. He still failed, however, to disclose all sources of income as per the agreement so the judge gave him an additional 60 days to do that. He did not. Now we have to secure another court date. It is clear from what has been disclosed that he at least owes $117,000 but he said he isn’t going to pay voluntarily. He will wait for the judge to order that.

This is not a negotiable issue. We have an agreement in place since 2014 but as usual, even though he gloated about how much he “won” in that agreement, he still wants to play games and withhold support as a power and control move over me. His response:

“You’ve become a bar joke Robyn. People always have a horror story about divorce and the crazy ex’s and what they have to pay in support. No one can top me. I tell people to read the blog so they can see what type of person I’m dealing with. I tell people how much I pay in support and they are flabbergasted at what you do. That’s what you’ve become at age 53, a bar joke, and not much else.”

He’s got one thing right. No one can top him.

He makes in excess of $225,000/year. He won’t pay any portion of our daughter’s dance expenses even though he agreed this would be a special expense where we pay our share according to our income. He never paid a dime towards our pet expenses even though he agreed to pay 50%. He hasn’t contributed a dime to support our daughter’s Global Perspectives trip to Tanzania where she has worked for 2 years in school to raise funds to build a library for a girls’ dorm. He came to one meeting, signed the consent for her to go, made an appearance at one of the fundraisers (although apart from his $15/ticket he never gave any money to the cause or donated anything for the silent auction) and even though he knows exactly from the meeting the cost of the trip he still asked me twice to send over the information. (I actually have sent it at least 3 times and every time I followed up asking if he was forwarding his share of the payments to me he asked me to send the documentation again). There are a lot of things she needs for this trip but all I asked him to contribute towards is the flight and hotel–$4800, $180 for the passport and $250 for vaccinations and malaria pills. He recognizes that the trip is considered an Extraordinary Expense under the Family Law Act for our daughter’s education and knows he is required to pay his share. His response to me in December is that I can’t have my cake and eat it too. He wants me to sign the consent saying I won’t go after him for anything else he is responsible to pay, he will pay me the $117,000 and he will then consider paying me the trip (the expense was incurred after our court application was filed so it is not currently before the court, but we will now just add it).

If he wants to complain about what he has to pay in support, he should at least pay it. If he didn’t want to pay support, he never should have had an affair and left the marriage. If he now spends his time sitting in bars telling his story to anyone who will listen then I suspect that 7 years after having an affair and destroying his family and everything we built together, that the grass is not so green on the other side.

abuse of power, adultery, breach of contract, child support, court, divorce, Family Law, judgement, legal proceedings, marriage breakdown, single parent

Court Update

It is difficult to believe that it has been over a year since we applied to go to court and we still have no final resolution. This is the reality of dealing with a bitter ex who is not interested in resolving issues and dissolving the marriage. His behaviour from 7 years ago, when I first found out about his affair and we split immediately, has not changed. In all of his bluster, repeatedly admonishing at the end of each of his emails for me to move forward, he is the one who is stuck. He is either so damaged, broken and paralyzed that he cannot let go or he is just plain evil acting out against me and in spite of his children with vindictiveness, bullying, control, intimidation, anger and abuse of power. Whatever the reason, he is blind and cannot see.

When the final decision comes in, I will outline everything. It is a stark warning for any couple who cannot work out their differences fairly and honestly with the best interest of the children, and the partner who stays with the children as the primary caregiver, in mind.

We appeared before the judge at the end of January 2019. The judge released a partial decision in July. It is common for a decision to take up to 6 months. There are procedures in place if the decision has not been received by then but if you go to court don’t expect a quick outcome.

My ex was ordered to pay me $17,700 in back child support for our youngest child. He was also ordered to pay Canadian Revenue Agency $8544.84 directly under my name for tax debt that he caused me by claiming he paid spousal support when he did not.

The mediated agreement that was put in place in November 2014 is the biggest regret of my life. Part of that agreement allowed my ex to claim support he didn’t pay but he was required to pay any tax implication that claim created. He did not do it at the time it was incurred. He needed to be ordered to pay this by a judge and as a result there is a large amount of interest outstanding. That is an issue that I may now have to deal with in another court with a tax lawyer. Calculating daily interest back to 2015 is another, separate issue.

At the end of our court hearing in January 2019, my ex was also ordered to continue to pay me $8000/month for child and spousal support. This was the amount my ex voluntarily started to pay in December 2018 at the advice of his lawyer so he would not look as bad to the judge for not providing income information for the previous 3 years. He knew that his income had increased substantially. He had been paying $2728/month.

We will likely not appear before the judge again until the new year. I will go through the entire decision once it has been received in full. I think it will be helpful to anyone considering court. It should only be a last resort option for sure. The entire $17,700 that my ex owed for support for our child went directly to my lawyer and it only paid for 50% of my outstanding legal fee. Not to mention what I have paid in fees over the past 7 years and what my ex has paid.

It is clear that the financial burden of going to court is why many single parents left to care for their children are not able to hold their ex’s accountable for support payments. I think it is wrong for any spouse and parent to abandon their obligation to their family. My conscience compels me to stand up for myself and my girls. It would be a disservice to me, my children and to society as a whole who ends up burdened in social services costs and the consequences of poverty and lack of hope, especially with our youth. That is a whole other blog topic.

adultery, affair, child support, court, Family Law, legal proceedings, litigation, spousal support, Supreme Court of Canada

The Noose is Tightening

I showed up at court on November 22, 2018. Our original date was November 20, 2018 but we changed the date at the request of my ex’s lawyer. I was to meet my lawyer at 9:30 a.m. at the court house before heading to our 9:45 a.m. Supreme Court of Canada hearing.

She advised that my ex’s lawyer contacted her at 9:00 a.m. offering a sum in excess of $100,000 if I agreed to adjourn the hearing. That was still a low ball offer, was not in writing so my ex could not be trusted to keep his word and it was clearly because my ex was not prepared and wanted to buy more time until some point in the new year. He had missed the deadline for filing his response and it had still not been filed as of the day of hearing so there was a good chance my court application would be considered uncontested by him. I had no desire to put off resolving our issues any more and I refused to accept this offer.

The hearing ended up being adjourned anyways. Two supposedly quick 10-minute hearings were heard before our scheduled 2 hour hearing. One lady was self-represented so this hearing dragged a lot longer than anticipated. My lawyer and my ex’s lawyer were discussing numbers (of course my ex didn’t have the courage to show his face in court to a judge) until it was our turn. Then the judge announced she was taking her scheduled break in 15 minutes (11:15) and then her lunch as scheduled and would commence with the afternoon hearings as scheduled at 1:00 p.m. Therefore, she doubted she had time to hear my case. She listened for 15 minutes and felt there might be a jurisdiction issue and my ex’s lawyer would have to agree she had jurisdiction to rule. Of course he wouldn’t do this as he didn’t want the hearing to proceed so we had no choice but to reschedule.

I overheard my ex’s lawyer calling my ex to confirm his availability for a December 7 court date. His lawyer said to him, “Ya, you can loosen the noose for now but don’t put it away in your closet. It is going to get tight again real soon.”

abuse of power, adultery, affair, Betrayal, cheating, child support, deceitfulness, divorce, Father/daughter relationship, narcissism

Early Onset Alzheimer’s

My oldest daughter messaged me today stating that she thought her dad had early onset Alzheimer’s disease.

Her dad told her that he had given her tax information to his accountant to prepare her 2015 tax return. He told her that she was getting a $750 refund. When she followed up with him asking if the refund had been received, he said that he never did anything with her tax information.

I actually asked David in the summer for information from my daughter’s tax return as she needed to know what amount was input on line 150 of her return for her student loan application. David responded saying he input $0 on that line. This would be a false claim because my daughter did work and this is an income reporting line. He said that he wasn’t able to find her T1 to report any income. He said he searched through all his mail and as it was likely less than $700 he reported the line as $0.

I also had requested a copy of her tax return so she had a copy for her records and as I suspected he claimed her tuition amount. I had asked for all her school expense information as he used her entire RESP to cover her first year of university expenses. I told him that was not just his to claim as I had contributed equally to that investment as well as the fact that I have issues not only with him accessing the RESP without me but for spending it irresponsibly. He advised me that he didn’t claim her tuition but that the accountant filed our daughter’s return and had her claim it.

I asked for a copy of her return so we could verify the information she was reporting on her student loan application was accurate and not just going by his word. He never sent it.

abuse of power, adultery, affair, Betrayal, bullying, cheating, child support, court, ex spouse, Family Law, infidelity, insurance adjuster, lawyer, legal proceedings

He probably tries to rip everyone off

After all, he is an insurance adjuster and the stereotypical reputation is that they can’t be trusted. Their interest is the insurer’s interest, not that of the insured person making a claim.

This is a copy of the email that I sent to my ex on June 13, 2016:

“I am just confirming our conversation today that you are refusing to pay any portion of (daughter’s name) dance enrollment for next year.

Firstly, she was asked to audition for Team Canada yesterday which she did. The audition fee was $35. If she makes this team it will really help her with respect to university applications as she could get some scholarship money.

Secondly, as you aware from the (daughter’s dance studio) emails, registration for (daughter’s name) for next dance season is tomorrow. I have told you that she is not adding any dances to her schedule. Please let me remind you that she dropped classes each year following our separation to make payment for her classes easier for us. She also was not able to participate in the Summer Dance Intensive program following our separation which she did every year prior to us separating. She wanted to join baseball and take gymnastics camp to help with the acro portion of her dance, all of which she sacrificed participating in due to our financial situation. Now you have indicated that you will not pay any portion of the following:

Registration fee due tomorrow: $25
Costume deposit for her regular 7 classes post-dated for October 1: $420
Monthly fee for 9 hours of dance classes: $366
Company (I paid her audition fee and she was accepted on this team again)
Company annual fee—$375 (can be split over 10 months and added to monthly withdrawal or paid all at once due September 1)
2 Company costume deposits due October 1: $120

Your 71% share based on your 2014 income is as follows:

$17.75 due tomorrow for registration fee
9 Costume deposits post-dated cheque for October 1: $383.40
Company annual fee due September 1: $266.25
Monthly regular classes: $259.86

David, dance is (daughter’s) passion. This is her social base and emotional outlet. It is also what she wants to do for her career. “

I am guessing that with my lawyer getting ready for us to go to court again she has had a conversation with my ex’s lawyer because now my ex has provided our older daughter with payment of her tuition for her first term of university in the amount of $3700 (I think this was the figure my daughter told me). It sounds generous but remember we did have this saved for our daughter’s education. My ex somehow withdrew her entire RESP of $19,000–figure he gave me in May 2015, and used it to pay for entire last year expenses instead of using his own money and my support money. If she had have been living with me, he would have paid support to me for her and from this money I would have had to pay her food, clothing, accommodation and other items. Why does he think then he is entitled to waste her entire RESP on one year and then tell her too bad you are an adult now and have to pay your own tuition?

Secondly he sent me a lump sum payment today for our youngest daughter’s dance expenses but only paid based on her monthly regular class fee of $366. He gave me one payment of $2598.60. I thanked him for his but pointed out it is short $667.40. He insists I only asked him to pay his share of the monthly regular classes. He has confirmed the correct amount with the studio but insists I made the error, didn’t ask for the correct amount, my mistake, I lose, should have been more careful, why has the amount suddenly changed now, why am I asking for increased payment, etc. I see that the studio responded to him also explaining all of the correct information and informed him, as I did, that the Company fee is calculated differently and there is a registration fee.

Sigh. It took lawyer involvement to get him to pay anything. The fact that he has $6298.60 that he can pay and the fact that my account is in a negative situation from having to pay his share of expenses for the past year plus won’t make him look very good in court. His argument to me is that if I could go to Florida at Christmas (accommodation and flight for me and our girls was paid for in full by a family friend but he doesn’t know this) and Hawaii then I can handle paying his share.

I hope that his lawyer will advise him to pay the rest of his share of expenses including full child support. I know his lawyer has been frustrated in the past by his obstinance. I know there is some reason for me to be happy and it does alleviate a bit of financial stress for some payment but in the end he will feel it is okay to continue to short change me and his children. He has been doing that for the past 3 1/2 years. In his mind he thinks–she might take me to court for $6966 but if I pay that amount less $677.40 will she really take me to court for $677.40 as it will cost her more to get that amount back if she even wins.

He should have learned from January’s court experience. If he was there and heard the judge lambaste him maybe he would have learned that this judge in particular was going to make an example of this derelict father. I feel like I have no choice but to continue with court or I am doing my girls and me a disservice. The only way that I am going to be able to move forward and receive full reimbursement for items he legally is responsible to pay is to have clearly written court orders for those amounts that can be enforced.

abuse of power, affair, breach of contract, child support, control, divorce, Family Law, finances, infidelity, running

Marathon

I went for a run this morning and forgot my ipod. I really didn’t feel like being alone with my thoughts but I wasn’t going to drive back to get it. I was on my way to run around Elk Lake and took the dog with me so he could explore off leash. It was a gorgeous sunny day but I was feeling like the run was going to be a slog without music.

My financial situation was foremost on my mind. Not only does my ex owe me for pet expenses, our daughter’s dance expenses and a few other random expenses that are now more than a year old (we ran out of time to settle these in court in January of this year) but now he is refusing to pay some ongoing support payments, his share of our daughter’s dance expenses for this dance season and he is throwing as many obstacles my way as he can to prevent me from doing things that need to be handled.

Our oldest daughter moved back in with me when she returned from her first year of university at the end of April. Initially, my ex refused to even acknowledge that she was living with me. Finally he agreed to pay $500/month for her starting in May. This is technically only $300/month because I am still paying $200/month support to him for her since she lived with him the year before she went to university. He just deducts what I owed from his support payment for our younger daughter who lives with me.

The BC Family Law Act states that child support is payable until age 19 years and then after that if the child is still dependent. Our oldest daughter meets the dependent definition as she is attending school full-time. However, my ex determined in August that since our daughter will be 19 in 4 months she should learn responsibility as an adult and pay for her own tuition, school supplies including text books, cell phone, rent, food, clothing, etc. and be working while she is attending school. He indicated that he would therefore not be paying me support anymore for her and he stopped this September 1. He continues to deduct the $200 of support for me to pay him as though she lives with him and he is paying her full living expenses.

He apparently spent her entire $19,000 RESP (registered education savings plan) during her first year of university. He continues to refuse to provide me any documentation about her RESP or any breakdown of the expenses he paid last year. I have never seen a tuition invoice, residency invoice or meal plan invoice. He claims that his accountant did her taxes but he has failed to provide us with a copy of her tax return. She needed information from her tax return to apply for a student loan. He also told my daughter she received a tax refund of $750 but she has never seen a cheque.

I have written post dated cheques for her monthly rent that started September 1. I got the back to school items that she needed and I took her to school which involved an $88.20 ferry ride each way. I’ve made sure she has spending money for food. She did work full-time during the summer so she has some spending money and paid $549 for some of her text books but still needs more. She asked her dad to help take her to school as well since she needed his vehicle to bring her larger items but he refused. Not only did he refuse to help, he told her that if I showed up at his place to help her move any of her belongings that she had stored there that he would call the police on me.

Our youngest daughter made Team Canada for dance. My ex has indicated that not only will he not pay for any aspect of this but that he will also not take her to any of her rehearsals. She competes in Riesa, Germany in November. Practices are on the mainland in BC which again means $166 in ferry fare each weekend (14 x) plus the 2 other times I had to take her there for a workshop and choreography week which involved hotel stays. Plus $3600 for the trip, competition fees, choreography fees, team jacket, etc. Costume fees on top of that. It is such a huge opportunity and with her dad apparently spending her RESP as well I feel like this might be what helps her to get into a university with hopefully some scholarship money.

I did try to apply for some sponsorship for the cost of her participating on Team Canada but I was also asked for my tax information. Canada Revenue Agency stopped my taxes for pre-assessment this year. They asked for confirmation that I am paying support to my ex for our older daughter and that our younger daughter is my dependent. My ex said if I wrote a letter to that effect he would sign it as it isn’t his responsibility to write letters for me. I did that and resent it several times. He finally acknowledged he received it but still failed to sign and return the letter despite several follow ups on my part.

My rent at my new place was already $150 more and on October 1 it goes up another $300. My lawyer doesn’t think we can get a court date until November but in the meantime said she would write my ex’s lawyer for him to provide full support payments and request again the other expenses he is being asked to pay as per the mediation agreement he signed. This is just the most frustrating, long, expensive and what seems to be an unfair process in many ways.

I finished my run. It was tiring and a little painful but I felt strong and accomplished at the end. I was glad it was done though. Prayerfully I can get to court in November and my year ends with me feeling the exact same way. I want to look back and know that the process was grueling, painful and there may have been no music to motivate me through but I did not give up despite the difficulty. I know it will feel so good when it is over. This is my marathon on a very rugged and hilly terrain with terrible weather conditions and very little water to drink.

abuse of power, adultery, affair, cheating, child support, children, divorce, Janice Andrews, other woman, separation, single parent

Meddling Other Woman Money Motivation

My older daughter returned from university at the end of April.

She lived with me for the summer last year and each time she returned from university she only stayed with me. She decided that upon her return from university she would live with me for the 4 months she is home for the summer.

The other woman decided to discuss this with my daughter. She tried to encourage her to live with her dad. She said, “Your mom doesn’t even have a separate bedroom for you to stay in does she?”

My daughter was feeling very stressed by the other woman initiating this conversation with her. I have no idea why she would get involved or even care. When my daughter did live with my ex, she was left alone most of the time while my ex worked and then went to the other woman’s place afterwards. Whenever I would drop her off there, no matter how late at night, his vehicle was never in the driveway and she always seemed to come home to an empty place. He would sleep at the other woman’s place and my daughter was by herself.

I suspect it is a money motivation. I currently pay my ex child support for my older daughter as she lived with him for one school year following our separation. As my ex has to pay more per child than I do based on his higher income level, he simply reduces his child support payment to me for our younger daughter by the amount that I owe him for our older daughter.

Now that it is obviously clear that both children are living with me full time, my ex is refusing to change the child support amount. He initially tried to argue with me that our older daughter still hadn’t decided where she was going to live and she was just “visiting” me so she could see her pets and sister. It has now been 1 month and she hasn’t stayed at her dad’s place once. He argued that her resume had his address listed. When she updated her resume, however, she listed my address and applied for jobs closer to my home. She obtained a full-time job and I am the one who drives her to work or gives her bus fare and I am the one who makes her breakfast before she goes to work, packs her a lunch and picks her up after work.

My ex said that if she does decide to stay with me he’s not saying he won’t pay support for her but it hasn’t happened yet.

He is now arguing that I don’t pay him support for our older daughter. This is his latest email to me on this topic:

” (Older daughter’s name) has not stayed with you full time since July 2015. (Older daughter’s name) primary residence has and remains as my place. Even her resume shows my address. Her mail is delivered to my address. Her belongings are at my place.

I’m not sure where you get the idea you pay support? You don’t pay anything. If so provide me with a copy of payments made to me? If you think that I don’t pay you any support for (older daughter’s name) is somehow you paying me, then you need to seriously rethink how you view things. And if you think you’ve paid for anything of (older daughter’s name) over the last two years other than a passport, again you’re seriously mistaken. I’m the one that she comes to and says Mom says it’s your responsibility to pay for things. You have a very strange way of viewing things at times.

I’m not continuing this dialogue with you. My lawyer has everything and it is up to the lawyers to communicate. If that hasn’t been done, then please have your lawyer follow up with (his lawyer’s name).”

We go back to court in June. This is just another dispute to add to the list.

I did send the other woman an email to the work email address listed to contact her on her employment website telling her to mind her own business and to not interfere in trying to persuade my daughter where to live to suit her own agenda.

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Back to Business

We were supposed to go to court on December 17, 2015 but Dave’s lawyer pushed it into the new year. We are scheduled to appear on January 20, 2016.

Dave owes me more than $11,000 from July 1 – December 31, 2015 for spousal and child support as well as pet expenses. The amount is based on a formula as per our income tax figures and the amount agreed upon as per our mediation agreement but he chooses not to pay. I need the court order to enforce payment.

My name is on our older daughter’s school account that Dave was responsible to pay from September 2014 to June 2015. The bill is for incidentals, not tuition. She was living with him at that time. He hasn’t paid a dime. When she lived with me for the 2 years she incurred these expenses I paid them 100% with no child support. That amount is now $1229.88.

There are a few other things we are requesting.

There isn’t a whole lot more you can do when you have an agreement with someone who has zero integrity. I wish I had never wasted time, energy, and money with the Collaborative process or mediation. You have to know who you are fighting against and a court decision is the only hope that I have in putting an end to my ex’s game playing with my finances and putting an end to our marriage officially.

scornedwifeblog

A wife's personal experience of infidelity

Category Archives: child support