adultery, affair, Betrayal, children, court, divorce, Family Law, infidelity, legal obligations, marriage, pets, the other woman, Uncategorized

It is about Fair Compensation, Not Winning

I guess last week’s court ruling didn’t phase Dave.  The court orders were sent to his lawyer and Dave still has not provided me with the support arrears payment or my court costs.

Instead, Dave sent me an email telling me that we have “a fundamental difference of opinion”.  He plans to continue to fight me in court with respect to refusing to pay any pet expenses.  He believes that his support payments should cover those expenses and even though he agreed in mediation to pay 50% of the pet expenses he wants a court to rule.

He believes that the same holds true for our daughter’s dance expenses.  He wrote that he agrees to pay for 70% of her “dance lessons” (even though our mediation agreement says “dance expenses”). But Dave doesn’t want to pay any portion of her dance shoes (she can’t participate unless she wears proper footwear in each class–ballet shoes, pointe shoes, tap shoes, hip hop shoes, jazz shoes, and foot undies for Lyrical).  Plus our daughter is enrolled in competitive dance classes. Dave doesn’t want to pay any portion of the competition or festival fees, or any travel expenses to get her to the competitions. And yet, when we signed her up he knew all of these expenses are part of our daughter taking dance.  This is her 7th year dancing at this studio so it isn’t a sudden surprise we have to pay for these things.

Why does a parent pay for all of these things when they are part of a family without any issue yet when they decide to fool around and leave the family they feel their kids should do without? Did they every love their child? I don’t believe Dave ever did love our children more than he loves himself.

It isn’t a financial issue.  I saw his bank account balance in his court documentation.  He can certainly afford to pay.  His dividend cheque alone that he deposited for one month is more than my entire year income by 1 1/2 times and he will have another one in a couple of months. I have managed to pay these expenses without going into debt but it has meant me and my children had to do without in other areas. It has been a 3 year struggle. I try to spend wisely and cautiously and I abhor the wasteful cost of having to fight for our rights. I can’t afford the alternative either.  The Divorcemate calculations are tested and considered fair and equal to both parents based on their earnings.  Dave doesn’t want to do without for himself and I wonder how much influence the Other Woman is applying.

He wrote to me today saying that “the court speaks clearly” on these items and “it’s not that complicated.” I believe this to be true, in our child’s favour and our pets’ favour, not his.  My lawyer doesn’t go to court to lose and she is very mindful of my financial situation. We have accepted chiselled down reimbursement by Dave every time in the interest of avoiding court and its costs but I cannot be taken advantage of by him any further and this is the only way to put an end to it.

Then Dave added:  “The reality is that there is no negotiation with you. You want to win. So you end up submitting ridiculous expenses like $5.49 for this or that. Or even the fact that you mention the expenses are now being divided 71-29 rather than the current 70-30 and I will owe extra. It’s so ridiculous and counterproductive. That’s why nothing ever gets done with you. You take silly positions and then spend thousands on your lawyer for what? Just so you can say you won? But in the end you’re paying thousands out that could be used for many other things.”

This is the exact thing I would say back to him. I have no idea what he thinks there is to win.  I just want fair compensation.

He sums up his email as follows:  “So while I appreciate the “offer to negotiate” with you, the past has spoken very clearly that isn’t something you really want to do unless you get everything you demand. You’ve proven to be unreasonable and submitting unending expenses regardless of the value. I’m tired of this constant badgering and so I’m left with no choice but to let the courts decide what is or isn’t reasonable.”

I find it so interesting that he is trying to make me look like the bad person just for submitting expenses to him that he agreed to pay because he considers the amount to be too minor.  That shows that money is not a concern to him and that it is a day-to-day worry for me.  There will be an end to the expenses at some point in time but currently we share pets together and our daughter participates in dance so there will be ongoing expenses. David should have expected that when he agreed to adopt 3 pets into our family and when he decided to have children. I appreciate that he has decided to leave the family and it would be much more convenient if he could just continue to run away from his responsibilities associated with his family, too.

Dave feels badgered simply because there are consequences to his actions that he prefers to ignore.  He is now being held accountability for his failure to honour agreements, take care of his responsibilities, follow court rules, pay bills and for making stupid decisions in his life.  Dave’s decision to just let the courts decide saves him from having to own his life decisions and accept the consequences now. He will avoid, delay and refuse for as long as that works for him. When he loses he will just blame the courts, his lawyer and he will continue to blame me.

 

 

 

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affair, divorce, finances, kids, moving forward, pets, separatiion

Closer to Gone

I received a text today from our realtor indicating that the people who put the conditional offer on our house have officially sold their home.  The next step to removing the conditions is a home inspection on Tuesday.  I am optimistic the sale is going to go through and that the home that we chose over a 5 day trip in 2008 to relocate our family from Ontario to BC will be gone from my life.

I had lunch with both my girls today.  I had just spent the morning with my younger daughter at the last day of her dance in the Greater Victoria Performing Arts Festival.  We picked my older daughter up from school and went to our usual Cora’s for the all day breakfast. My girls were discussing the pending summer vacation their dad was taking them on going back home to Ontario to stay with his parents.  They were both not thrilled with the fact that Janice may be joining them on the trip.

I on the other hand feel fine about it.  It is a reminder to me that I will not have to waste any more of my vacation time in a cramped cottage with my ex’s family.  I smile now thinking of her travelling 5 hours by plane, then 1 1/2 hours by car, sleeping on a bed that fills the entire room, showering in the tiny, green bathtub or having to go downstairs and wait for the shower that everyone else lines up to use and then having the pleasure of the company of my ex’s family for at least 1 week.  Let her swelter in the 30 degree cabin that gets no breeze and let her enjoy the same boring stories that will be new for her but that I will never have to endure again.  My girls joked that Janice can look through all the scrapbooks that I made of our time there. There is not one ounce of me that wishes I was going instead.

I am now free to vacation anywhere else with anyone else.  There was a time with my ex that I wondered if I was going to live out my say 80 years not by living 80 years but by living the same year 80 times.  When we moved here I made sure I planned amazing, adventurous, fun vacations that were completely new and that involved experiences the entire family would enjoy.  My ex never appreciated that.  He never was interested in planning vacations or going anywhere.  He hadn’t travelled at all until he met me. The monotonous routine, using vacation time to do the same thing with the same people is happily gone for me.

I have had so many people contact me saying how excited they are that I am selling the house and now that it is that much closer to gone people cannot contain how happy they are for me. Not one person expressed anything resembling sadness or regret. Not even my kids. My younger daughter thinks that one of our cats will be sad but that is it. I have offers of generous living arrangements until my divorce settlement is finalized and I am able to find something more permanent. I actually don’t like the idea of “permanent”.  I am getting lots of offers of people wanting to spend time with me when my kids are back in Ontario and them asking me what do I want to do and where do I want to go. My options are expanding.

This is exactly what I have wanted. My life and opportunities are so open and my ex is that much closer to gone.

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