Showing posts with label law and order. Show all posts
Showing posts with label law and order. Show all posts

Friday, June 27, 2014

bed of rotten roses

The other day we talked about money relative to child support, and how frustrating it can be when it appears that Mama Ex is misusing the money that lands in her bank account every month.

Ironically, shortly after I wrote that blog post, a fellow #twitterstepmom (@stepMomsAnon) posted this picture with the question:

Is this BioMom providing abusive care to her children?



I immediately felt a lurch in my gut. I could identify with this picture. A few years back, my youngest stepdaughter was sleeping on a blow up mattress (she did have a bed frame, though) in her room at Mama Ex's home. The previous mattress was old and smelled, and needed to be disposed of. A new mattress was required, but Mama Ex didn't have the money to buy her a new mattress.


Fair enough. Mattresses are expensive. They can be a few hundred dollars, and we knew that Mama Ex didn't have that kind of disposable income. Rather than be petty and shout from the rooftops "THIS IS WHAT CHILD SUPPORT IS FOR!", Hubs and I decided we would do the right thing and purchase a mattress for his daughter. Basic living conditions are necessary for her to do well in school and have good self-esteem about her life. 

$150 wasn't worth an argument about semantics.

I felt good about this decision and even better that my SD was finally getting to sleep on a decent bed. All was well. 

But a few weeks later, Hubs saw a text from Mama Ex to her daughter in response to asking for a new toy. The text essentially said, "Ask Daddy if you want that, honey. He's responsible for getting you these things. Just like your mattress."


Then the feces hit the oscillating equipment on the ceiling.

(That means shit hit the fan.)

All this time, we were getting necessities for my SD, thinking that Mama Ex was just unable to pay for them. We didn't interrogate her, we didn't accuse her. We just took care of it because it was the right thing to do. But to find out that even if she had the money, she wouldn't have taken care of those costs because it was Hubs responsibility?

Not okay.

So...despite my experience with this rotten and icky situation, my answer to @StepMomsAnon's question is still the same: No. That picture does not depict abusive care.

Poverty or near poverty is not a crime. There are millions of children who are sleeping on blankets on the floor at night with a mother and/or father doing the best he/she can to give them what they need. And they are failing to make ends meet. That is not abuse or neglect. That is an unfortunate situation that I can feel empathy for. Times can be tough, and we've all been there.

Don't get me wrong, there is a decidedly large difference between not being able to provide your children with proper care/clothing and choosing not to because you expect someone else (like the other parent) to handle it. Mama Ex probably could have paid for a mattress and didn't. Is it wrong? Hell yes. Is it abuse? Trust me, the Missouri court systems don't think it is.
  
But here's the biggest thing of all. IT DOESN'T MATTER ANYWAY. No one is going to show up at Mama Ex's door and demand that she change her mind about what the father of her children is required to pay for. Sure, we could spend several thousand dollars going back to court and once again slowly explaining to Mama Ex what child support is, and how it is to be used. But would it be worth it? That thousand dollars may as well go toward helping the kids with what they need that they clearly aren't getting elsewhere.

Is it unfair? Yes. Is this part of the responsibility of marrying a man with children? Yes, it is. 

As a stepmom, I face this situation a lot, and I know a lot of you are with me. Hubs and I are able to give the girls everything they need at our home, and we are able to give the girls everything they need at their mother's home. 

Does that mean we should?

Not necessarily.

I think Hubs children should experience both sides of the fence. As I said before, there is nothing wrong with living in a home that doesn't have every available amenity at all times. That's life, yo. However, when it comes to basic needs (like lunch money, mattresses, clothes that fit), I believe Hubs children should have those, even if that means we get to dig in our pockets and pay for it. I tell myself this every morning:

I can't make Mama Ex do the right thing. But I can hold myself accountable to do right by these children that I have committed to.


End of story. End of discussion.
 


Monday, April 21, 2014

spontaneous combusion


I'm a spontaneous person. Always have been. Sometimes I spontaneously buy myself a new pair of earrings. Or decide on a whim to go to a movie by myself. Sometimes I even book Hubs and I trip to a unique different just to keep things interesting. And this is a good thing. Spontaneity is important in a marriage, in a family, even for an individual. Life can be a series of long repetitions, so breaking that monotony up is vital to keeping us from spontaneously driving off of a bridge.

But as with all things, there are exceptions. Spontaneity is no different. So, are you listening? No, of course you aren't, you're reading. But do I have your undivided attention? Cuz this one is a doozie. And if you let me enlighten you, you don't have to learn the hard way like I did.

Never. Spontaneously. Engage. Written. Contact. With. Mama. Ex.

Ever.


Now that's a broad subject, so let me narrow it down. Clearly, you are going to have to communicate with Mama Ex at one point or another. But, never, ever, under any circumstances, should you ever communicate with the mother of your stepchildren in the following ways without thinking it all the way through:
  • Texts
  • Emails
  • Social Media
  •  Reviews of her business/job
  • Handwritten anything
I could tell you some really interesting stories from each of those categories, but today I think we'll stick with numero uno. Texts.

The invention of texts was great. It made quick, easy communication simple and quick. Unfortunately, it also enabled every passive aggressive person on the planet to become even more passive aggressive-ier.

At the beginning of my marriage to Hubs, texts from Mama Ex were few and far between, and mostly short and to the point. Little things. "Pick up the girls at 5 instead of 5:30", or, "remember to bring their soccer clothes on Monday," etc. But, when it was discovered by Mama Ex that we were indeed asking for more time with the children through a change in the parenting plan, the nice texts dissolved into a barrage of mean, nasty, passive aggressive texts that left very little to the imagination in regards to how Mama Ex felt about the situation. And about me.

Hubs was always very good about staying above the fray. Mama Ex would text something horribly mean and cruel, such as, "The girls hate going to your house because you don't feed them for two days straight and they starve at your house." Clearly, a lie and clearly, a taunt to get a response back. No matter how many times I begged Hubs to respond with something - ANYTHING - his reply was always, "there is no use arguing over texts. She just wants a response. I'm not giving it to her."

I thought he was nuts. 

Why on earth wouldn't you DEFEND yourself against such accusations? I mean, this person is making up blatant lies about you and telling them to God knows who, and you don't want to at least tell her she's wrong? 

This went on for many months. Mama Ex texting mean and hateful things, Hubs ignoring her. I don't know if she got bored or just tired of the non-replies, but eventually she tried a new tactic. She attacked me in her texts. One day, Hubs received a text from Mama Ex, basically saying, "My girls hate Ruby. She is a terrible stepmom, blah blah blah." Nothing I hadn't heard before, but still, it hurt. I, like so many other stepmoms, work very hard on establishing a great relationship with my stepdaughters, and have never heard one word of complaint from their mouths. I waited for Hubs to reply. Nothing.

Okay, not cool.

I could deal with Hubs letting texts about him fly, but this was different. I'm his wife and this woman is attacking me! Why wouldn't he stand up to me? I won't lie, this was the subject of many fights in our household, but Hubs stood strong. He reiterated each time that replying with a retort would just stir the pot and make things worse. He would reply to her sane texts, and nothing more.

I kind of wanted to strangle him.

So, fast forward to about 9 months later. We're in court, and evidence is being sifted through, bit by bit. I couldn't be in the courtroom (look up the witness rule if you want to be ahead of the game on that one), so I had to hear about everything second hand after the whole debacle was complete. 

And one thing blew my mind. Hubs was right. All along. 

His philosophy on return angry messages to Mama Ex, spewing back her own venom, would have done nothing to help our case. In fact, once, as Hubs read from the vile laundry list of texts he received, the judge sat, shaking her head. She let him finish and then said, "and what was your reply to all of this?" And Hubs could say, honestly, "there is no reply from me." He could even show 7 or 8 texts in a row of Mama Ex's verbal diarrhea, with nothing negative back from him. He never gave into her goading or taunting. He never said one bad word about the mother of his children.

When it was all said and done, we didn't get half of what we wanted in court (ah, the "justice" system), but imagine if Hubs HAD replied the way Mama Ex wanted him to? Even just once. Imagine if he had given in and spontaneously, in (justified) anger, called her a terrible name? Think about it.The family justice system isn't exactly kind to fathers to begin with. They already have more of a "you're guilty until proven innocent" approach to Dads (at least in the midwest). One bad word from Hubs about Mama Ex could have easily been spun into a "potentially abusive man" case by her lawyer. It wouldn't have taken much. And who knows what then? Maybe our custody would have been reduced. Maybe it wouldn't have. The point is, he never responded in spontaneous anger, so she had nothing to hang him on. And, in the end, she just looked angry, desperate and mean, while he looked calm, collected and sane. He looked like the ADULT. Court is all about what's best for the kids, right? So shouldn't one of the parents be an actual adult about things? Mmmm hmmm. 

Smart man, that Hubs.


My point is, in split family situations, you are always under the microscope. Even if your case has been settled and you think there's NO WAY you'll ever end up in the courtroom, always remember that anything can happen. You will be scrutinized even harder because of your "step" status. Don't ever give anyone ammo to make you look bad, especially someone who may really be looking for it. Be strong, be kind and be professional. 

Be spontaneous about those new Michael Kors pumps. Don't be spontaneous about Mama Ex.



Friday, August 30, 2013

The Courtroom Fantasy Not Worth Having?

Every stepmom has had it once or twice. Maybe even more than that. It creeps into our subconscious at the strangest of times, picking at our brain, begging us to give in. And every now and then, we'll indulge and let it take over.

You know it well. The courtroom fantasy.

For me, the fantasy always varied, but it was usually some version of the following:

Our much anticipated day in court arrives. The sun is shining, I'm having an amazing hair day, and we've pulled a judge notorious for siding with the father. I sit next to Hubs in the courtroom, holding his hand as he calmly hears the evidence from Mama Ex's side.  There isn't much evidence to hear, though. Her side of the story is weak and makes her look greedy for more child support. When Mama Ex gets on the stand, she makes a fool of herself, getting caught in lie after lie after lie. She finally sees what it's like to have no control.

The judge hears our side of the story that we've been living for the last 7 years. He is shown the parental alienation tactics that Mama Ex has subjected us to. He sees with his own eyes how she uses the children as pawns to gain an advantage over the girls' father. He reads the Facebook posts where she refers to herself as a "helpless single mother" and unleashes hurtful and untrue insults at my husband. The judge shakes his head in disbelief.

I get on the stand and give a performance worthy of an Oscar, causing the judge to tear up as I explain (truthfully) how much I love the kids and how our life with them is worthy of at least a 50/50 custody arrangement. And finally, Hubs gives a first hand account of how much he loves his children, and explains poignantly how his time with them has been stripped away by Mama Ex's acts of manipulation.

The judge returns from a 10 minute deliberation and announces that he is disgusted by the evidence he's heard. Mama Ex has been a terrible example for how to co-parent, and by God, she's lucky he's allowing her to see the kids at all after hearing this evidence. He rules a 50/50 custody split (or maybe even full custody to us!) and demands that Mama Ex give back every child support dollar that she's wasted on booze, casinos and clothing for herself. It's a wonderful day.

Oh yes, in my fantasy, this all happens in one day.

And it only costs me $100.00

Laugh all you want, but I swear these are the thoughts that went through my mind when Hubs and I walked into court back in May. And I was surprised how close to my fantasy the reality seemed to come.

We pulled a female judge for the trial, but that was just a small difference. We still put on an amazing case, though it did take 4 days total. Despite those minor setbacks, everything went better than planned. Our evidence was rock solid, just like in my fantasy. My hair looked great and I handled my time on the stand eloquently. Mama Ex made a complete fool of herself, just like in my fantasy. Hubs was amazing as he recounted the stories of what we've experienced.  And the judge seemed to understand all of it, just like in my fantasy.

But the verdict. The ridiculous verdict. As Clark Griswald said, "If I woke up tomorrow with my head sewn to the carpet, I wouldn't be more surprised than I am right now." 

We went from 10% time with the kids to only 25% time. Mama Ex still remains the address of record for school purposes, though she moves at least twice a year. Our child support went up - significantly. The judge also ordered that we start paying for all school lunches for both children. Why? Because in court, we showed that Mama Ex is constantly maintaining a negative balance for school lunches, so obviously, she "can't handle that expense."

WHAT?

Hubs and I were dumbfounded. How is it Hubs responsibility to make sure Mama Ex can handle her expenses? She's not 5. She's a grown woman with the ability to work and thrive. (And before you flip out that I'm complaining about a stupid lunch payment, calm down. This isn't about the money. We are happy to pay for the lunches. It's the principle of the thing.)

After hearing the verdict, Hubs and I spent at least three days just absorbing the reality. We had spent an astronomical amount of money (I'll spare you the actual dollar amount because it will make you ill) trying to get what every willing and able-bodied parent deserves. 50% time with their children. It's not like we live in Uganda. We moved to a home only 1.5 miles from Mama Ex's crap apartment. We're happily married with a nice house and a consistently stable environment. Mama Ex can't even remember the name of the boyfriend she saw last night.

The reality is, we live in a very flawed world. There is some serious judicial bias that accompanies custody cases. Many judges feel that mother's are the best solution for children. Period. Mother's are the ones with the "parental instinct". They fix the boo boo's. They pick out the clothes. They are the stable, nurturing party. Dad goes out and makes the money, and then gives the money to Mom in a "Me Tarzan, me get you and baby Tarzan's food" kind of way.

And it's a load of horse ca-ca.

My husband is capable and willing to do everything a mother does. He WANTS to. He deserves to be given that chance. Why does a vagina = stability and a penis = uncertainty? How is this fair?

I saw a commercial the other day that made my stomach turn. It was an advertisement for an acne treatment for teens. I've seen thousands of ads like this before. Kid has pimples, kid uses product, kid gets clear skin. But this ad was different. Toward the end, a little graphic appeared at the bottom of the screen that read, "Ask your mom before calling to order!"

And then I threw my remote at the TV.

This is the problem. We are living in a society that thinks Dad is, by nature, taking a backseat to his kids' lives. He's coming home from work and saying, "What's for dinner, honey? Were the kids good?" My husband is nothing like this, and I doubt yours is either. Hubs works hard, and so do I. If we ever have children (learn more on that here), we'll certainly both have equal input. We will work together. Hubs was not content being a Backseat Driver Dad to my step daughters. He wanted more. He wanted what he deserved. And when he went to the one place that could validate that desire, the one place that could make Mama Ex see that he a worthy parent, he was turned down.

So stepmoms, go on and have your fantasies about when you finally get your day in court. Maybe you'll win big, bigger than you ever thought possible. If you do, I will cheer right along beside you on a victory well earned. But just know, the odds are stacked against you. Unfortunately, my courtroom fantasy turned into a very hard reality.

Of course, being the mostly positive person I am, I have found the silver lining. Our time with the kids is going to go up, and Mama Ex can't stop that. And with that extra time, we are going to savor every second. Maybe one day, when the kids are older, we'll explain all of this to them. In the meantime, we have to keep moving forward and keep our sights set on the future. As time passes, we can work to improve our relationship with Mama Ex, making her more willing to let us have some additional time. Miracles can happen.
 

So we'll just keep waiting for it them to show up...
 
Have you had a courtroom fantasy? Did it work out or turn sour? What is your advice for stepmoms heading into a court battle?