adultery, divorce, infidelity

Frustration!

I should be sleeping. But instead I am fuming over my ex’s need to fight, control, and to drag our dispute unnecessarily on and on wasting time, money and energy. For what? What is his pay off? It is interesting that his go to line to me is, “Move on.” Yet it is the one thing he simply can’t do.

I spent 2 1/2 hours with my lawyer today at $350/hour. She is equally frustrated with my ex’s refusal to follow through on any of our mediated agreements and it sounds like my ex’s lawyer is experiencing the same frustration with him. Bottom line: My ex doesn’t want to pay any money.

This is one of those cases that should have gone to court. My ex’s personality is not one of reason, fairness, justice or acceptance of responsibility. This should have been clear with the failed Collaborative process but I made the mistake of believing he really did want to put an end to this.

He knows a mistake was made in his favour saving him $35,000 in our mediated agreement. So you would think that he would very quickly ensure that all of the minor expenses he agreed to pay in mediation were handled to show he is following the agreement as set out to make it harder for me to repudiate it in court. But instead, he is fighting more and digging his heels in more.

He agreed to pay 50% of the pet expenses in mediation. He never has. He tried to fight the food expenses for the pets as though it were unreasonable for me to feed them. No vet bills, no boarding bills (these were agreed to in mediation as joint expenses) but all I incurred and submitted to him were their regular food bills and he said, “No.” Now his lawyer says he will pay the food bills but not after the house sale goes through on June 26. My lawyer lost it. She wanted to know then if I was supposed to euthanize the pets when the house sells.

He also agreed to pay 50% of anything the realtor wanted us to do to ready the house for sale. He did nothing that was required. When I told him some of the things that needed to be done and I needed help with he said in his texts to me on April 15, “Figure it out” and “Do what you have to do.” I did. Everything was itemized to him and now he is fighting most bills saying that I live in the house, it was regular maintenance, my responsibility. Yet, our house sold in 4 days because of everything I did. He was ready to accept $5000 less for the house yet he is fighting me on a gardening expense of $319. The realtor commented immediately on how great of a curb appeal difference she saw on just the first 4 hours of the gardener’s time. 3 large gardens at the front and 1 at the back were edged, weeded, bushes trimmed and composting all taken away with a dumping fee for that. Plus we have this horrible invasive weed known as horse tail that is brutal to pull out and very time consuming. He only has to pay 50%. The equivalent of 6 hours of hard work; around $150. He makes that in an hour. Plus, I was doing gardening as well to ensure we met the time crunch for listing yet I never charged him for my time.

I am getting sleepy now. Sorry for venting but I needed the release. So much more. So boring. Same old, same old. I am hoping we can just send these issues back to the mediator for an arbitration ruling as she wears both hats. We agreed in mediation but if any dispute arises over the agreement it should be able to be referred back to her and become binding arbitration on her decision. Otherwise, my lawyer is ready to go to court. It may save me thousands in the long run because my ex just can’t let go.

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adultery, affair, cheating, child support, divorce, legal system, mediation, separation agreement, settlement agreement, spousal support

Say Goodbye to the World you thought you lived in

“’cause it’s all in the hands of a bitter, bitter man
Say Goodbye to the world you thought you lived in.”
Any Other World-Mika

I don’t get it. I didn’t have the affair. My ex is still with the other woman. Shouldn’t he be happy? He has moved on and has ended pretty much every email to me over the last 2 plus years telling me to move on. Then why won’t he let me move on? Why will he not do the right thing? Why will he not give me a fair separation agreement we can both live with? He is doing anything to avoid having to pay me spousal and child support and divide our assets fairly. Why does he refuse, ignore, deny, delay, and avoid his obligations to provide documentation to his lawyer so his lawyer can get it to my lawyer. His lawyer is a personal friend. Shouldn’t there be some pride to want to show your friend you are good person; a responsible person? His lawyer is frustrated, too. Shouldn’t my ex just feel slightly bad for his actions (adultery, cheating, lying, deception, tearing family apart) that he want at the very least a fair settlement for me and his children? Shouldn’t his conscience really make him want to err on the side of generous? Not even close.

My lawyer has sent correspondence to me over the last 2 months confirming that she has “AGAIN” asked my ex’s lawyer to provide his 2014 full tax return; confirmation he has life insurance and if he won’t get it his position in writing for the lowball amount ($450,000 less than he had before we separated)that he says he will get (was supposed to be in place in November 2014 as per the mediation agreement) so we can return to the mediator for a ruling; confirmation that he is going to pay me the expenses he agreed to cover at our November 6, 2014 mediation that he still hasn’t contributed a dime towards–his daughter’s dance, just 50%, 50% of the pet expenses for pets he is the listed owner of but who he abandoned saying he isn’t allowed pets where he lives; 50% of expenses needed to get our house ready to list; 50% of our joint expenses like our home insurance and home maintenance; reimbursement of money he took out of our joint account to pay his personal bills when I was the only one putting money into that account (it was agreed at mediation we would close the account but he would never make arrangements to do that with me or respond to any of my follow ups until I finally stopped putting money in, stopped financing his personal bill payments and now it is overdrawn by $1500 because joint bills have continued to come out of it on automatic withdrawal as well as banking fee expenses and the overdraft from him taking money out.

I am not asking for back spousal and child support for the past 2 years when he made the most he has earned in his life and I had both children living with me. All I am asking for is a fair split of our pre-separation debt 50/50. This was money used to buy shares in his company that he is keeping and a rental property that he is keeping that he insists has a $0 value. Plus money that I used to pay our personal pre-separation bills, our daughter’s private school tuition, all documented, because I was the person who took care of bill payments. He makes $148,000/year. Last year he only made $139,000. I receive $13,000/year on Canada Pension Plan disability benefits because I am not able medically to work.

My lawyer spelled it out clearly to my ex’s lawyer. My ex has done everything that he can do to “exhaust me financially”.

My lawyer has asked for confirmation of the value of the rental property–the mortgage details and the account information where the rental income is received. She has asked for confirmation of the value of his company shares and other dividends he receives on shares that he never even disclosed that he had until I brought that information forward in mediation. My lawyer has asked for a print out from his bank of his bank account information because oddly enough there are mysterious transactions that would lead one to assume he has at least one other bank account he has failed to disclose. This information was asked for in the year prior to our mediation and continues to be asked for and ignored.

Mediation was supposed to save us money. I am no closer to a separation agreement and a divorce than I was on the day we separated. My legal bills would have paid for my daughter’s first year of tuition at university and her residency. I am sure my ex’s are adding up as well even with the friend lawyer.

When is enough enough? When will he stop feeding his ego with a need to “win” and understand that there is no winning. I remember him sharing with me that growing up he and his mom would fight and they both would dig in and not talk to the other for weeks. The one who spoke to the other first lost. His mom confirmed that to me. Where was the adult example here? Really, what did either of them win doing that? He was the same way with me during our marriage. Always the silent treatment to punish. Always the withholding to punish. I am sure the cheating was another form of punishing me. What does he think he is winning?

I have asked him if we would meet to see if we could try yet again to reach an agreement together avoiding further legal expenses and what will end up going to court after all. He said, “Yes.” But all I have heard is when he can’t meet with me. I’ve asked him to tell me instead when he can meet with me and I will be there–11:00 p.m. or 6:00 a.m. any day of the week. All I heard from him was this: “Can you pick up our daughter from dance next Friday? I have a golf tournament in Nanaimo and I won’t be back until 9:00 p.m.” I said, “Yes.”

As far as getting together to solve our separation, I have yet to hear from him.

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