Tag Archives: 50/50 parenting

Responsible Separation Is Harder than it Sounds

My ex and I tried to have a low-conflict cooperative divorce. Only problem is, she got an attorney, I didn’t. As cooperative as we were, when it came time to draft the decree we left it up to her attorney to set up the fair separation of our financial and parenting duties. It wasn’t fair and balanced. It was “responsible” for sure, because we agreed not to sue each other, but I was given the SPO (standard possession order) and the child support payments, just like 80% of other men getting a divorce with children in the early 2010s.

What she was doing was going outside the marriage, and outside our therapeutic relationship with our counselor, and consulting a divorce attorney to see what she was going to get should she choose to take further action.

What my then wife did, by seeking counsel before she mentioned it to me, by consulting with an attorney to understand her options, was she loaded the deck in her favor. By the time the “idea” of divorce was broached to me, she already knew what she wanted, she knew how it would likely go down, and she was fine with the consequences of her actions. Regardless of how those actions affected my kids and me, she was prepared for her “best case scenario” and I sort of gave it to her.

Again, let’s step back and take a snapshot of the days before my then-wife let me know she’d consulted with a lawyer to understand her options.

  1. We were not happy.
  2. We were not having sex.
  3. The money coming in from my full-time job was adequate, but we’d really need to discuss both of us working to get ahead.
  4. We focused on the kids as a way to not focus on our relationship.
  5. We were both seeking support and comfort outside the marriage. (Not an affair on either side.)
  6. We were living like roommates.
  7. I was beginning to express my dissatisfaction with the status quo and asking for changes.

And while I was doing my best to be an adoring husband, the lack of intimacy was wearing on my soul and my physical joie d’vivre. We were in couple’s counseling, but it always seemed the focus was on something I’d done wrong, like not tell her about a speeding ticket I got over the summer.  We never got around to talking about the relationship, or the lack of intimacy. Always some crisis of faith, some test of my “trustworthiness” was on the line each week as we meet and attempted a joining of the hearts and minds.

There was no join to be had. The sessions were cold. She was very guarded and withdrawn. She used the word “cynical” to describe our therapy at that time. I’ve never considered it any other way, but perhaps she was using the therapy to let me down easy. Anyway, she didn’t come out and tell me, I had to grill it out of her.

“Are you telling me you’ve been to see an attorney?” I asked during our penultimate session.

“I was just gathering information.”

Actually what she was doing was going outside the marriage, and outside our therapeutic relationship with our counselor, and consulting a divorce attorney to see what she was going to get should she choose to take further action. I was stunned in the session. I was hurt. I was furious.

“How could you not bring that up in here BEFORE going to see a lawyer?”

I was lead to believe that the kids needed their mom more than me, that a mom’s love is somehow superior, or more comforting than a dad’s love.

I pounded her via email over the next few days asking her for a decision. I had been in the cuckold box long enough. This moment of truth was either a time for us to regroup and join together again, or for us to work out the details of our divorce. While I was fighting during those first few days, I believed I was fighting for my marriage. What I didn’t know at the time, is I was fighting against the divorce more than for anything. See, I wasn’t happy either.

Responsible separation in the case of Laura A. Munson meant fighting for her marriage. Fighting against her husband’s depression and mid-life crisis, and fighting FOR the relationship. She simply didn’t buy her husband’s claims of being bored in the marriage. “Nope,” she said. “That’s not good enough.”

I wish I had been stronger. I don’t know that the outcome would’ve been any different. We would probably still be divorced. But I wished I had been able to question her about her motives for breaking up our marriage. Was it greener grass she was seeking? Was she asexual because she was no longer attracted to me? Was there someone else in her life that gave her joy?

What her move did, by going to see an attorney before discussing it in therapy, or talking to me about it, was it put the divorce into action before we had a chance to really map it out. She’d already done her due diligence. She knew what to expect from the court system in Texas. And she knew, like any mom in Texas filing for divorce knew, the mom usually get’s the kids, the child support, and the house. BINGO.

It’s unfortunate that the Bingo, or win for my ex-wife, had to be such a simple open and shut case. In several forums I was told that my ideas of 50/50 parenting were simply not realistic. I was made to question whether I could provide the love and care for my kids half the time. I was lead to believe that the kids needed their mom more than me, that a mom’s love is somehow superior, or more comforting than a dad’s love.

I lost 70% of my kids life in that split second in the therapy session when she said she’d seen an attorney. She knew she’d get the custodial parent role and approximately 70% of the custody. She knew she’d get the house, nearly paid for. And she knew she’d get a healthy monthly stipend that would allow her to keep the house without too much stress. She also knew she had to get a full-time job to divorce me. So she did.

It’s odd how the entire year leading up to the big fail in therapy, she’d been “looking for a job” that suited her sense of self. We’d been down several career changes together. I was supportive even as the bills were threatening our house, because I wanted her to be happy. The last year before we got divorced her income was actually a negative number. She was demanding I get the full-time job again, and she was apparently unable to get a job herself. Until she wanted the divorce.

Responsible separation would be 50/50 parenting, just how we did it when we were together. Responsible separation would mean not attacking the dad for being a second-class parent so the courts would rule in favor of the 70/30 standard possession order that is common in most states.

She knew what she was going to get. She placed her bets and altered the course of all of our lives to meet some new agenda she had cooked up alone. Or, if she had counsel, it wasn’t from me, or our couple’s therapist. He was as shocked as I was that she had seen an attorney.

The business of divorce took place over the next few months. I gave in on most issues. I was too depressed to fight. At that point I wanted to end the fighting and pain and get on with whatever was next in my life. I’m still sorry she chose the course she did. And I’m sorry the state of Texas still rules in mom’s favor 80% of the time, rather than in the favor of the kids by granting 50/50 custody.

Always Love,

John McElhenney
@wholeparent

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The Kids are All Right: A Dad’s Divorce Reflections

WHOLE-2016-volley

There’s a hard truth I have to swallow. My kids have done okay without me. Not without/without me, but with only 1/3 of me. As the worst happened, divorce, I was really worried about my kids, even more than myself. Everything I did was to support them and even their mom during the transition.

I think most of my devastation was about me and my loneliness. I didn’t want to be alone. I wanted the house, wife, and kids back. But that’s not what happened.

Well, the transition, it turns out, was a lot easier for them. See, they stayed in their home and went along with life much like it would’ve been if I had gone on an extended business trip. They kept their rooms, their routines, and their mom. But they lost me. And I’m sort of mixed when I say, “So what.”

So, you’re getting a divorce. In my life it was the worst thing I could’ve imagined. And even as I valiantly fought for 50/50 parenting I was awarded something much less. Something called the Standard Possession Order. (SPO) And in this miraculously skewed document I was given every other weekend (on some odd 1-3-5 schedule) and a single night during the week off. It works out to about half as much time as my now ex-wife. I was devastated.

But I think most of my devastation was about me and my loneliness. I didn’t want to be alone. I wanted the house, wife, and kids back. But that’s not what happened. And I’m here to tell the truth about it: my kids are happy and well-adjusted teenagers. Even without my presence for a majority of the last 7 years, they are still stellar kids.

Now, a good chuck of that appreciation goes to the adversary in all this, my then wife who argued against 50/50 parenting. She has worked harder than she would’ve had we stayed together. She’s provided the lion’s share of first aid, doctor’s appointments, and school pickup and delivery. It’s not the way I wanted it, but it actually worked out okay for my kids.

What did I miss?

I’m mostly sad for the things I missed. The events I would’ve liked to have been part of in stead of only getting a phone photo of. The daily grind of being a parent was a privilege. Even if I was tired and distracted, nothing brought me back to life like my kid duties. I lost the routine of “being a dad” that had become my modus operandi. I lost over have of my dadness. And I missed a ton of activities, school projects, and events in my kids life. So what.

And really that’s the answer. So what. They are okay, and that was the big concern. The effect on them was pronounced, they had a lot less of the happy parent in their life and a lot more of the responsible one. Perhaps they will grow up to be responsible adults. And my ex does have a better handle on things like schedules and doctor’s appointments.

But the sadness I feel at the divorce today is more about the loss of their childhood, and the long years I suffered alone.

What I missed is gone. What I miss is the connection when they are away from me. And that was the rub then as it is now. Even as they are troublesome teenagers I miss every day they are not with me. Sure, I have other things to do. I have a fiancé, I have a band, I have my writing. But I’d rather have them. The sad part is, the kids I really long for are the one’s I was asked to walk out on.

Today my kids are much more like little adults. They need us parents, but it’s more for things like “rides to the mall” and “money for a movie.” The parenting roles have changed quite a bit. And in this parenting role I’m actually happy for the SPO. It’s not that I don’t want MORE time with my kids, it’s really that the time with them is very different.

We all lost in the divorce. My son is less like me than he could’ve been. Maybe that’s not all bad. But the sadness I feel at the divorce today is more about the loss of their childhood, and the long years I suffered alone. Their triumphant personalities are the reward of our low-conflict divorce. Sure, she’s done some contra-indicated things in our 7 years, but the proof is in the kids. They are fine. They did good without me. Different, but good.

Taking What You Got

Today I have more energy and joy for them when they are with me. I’m happier in my life than I was in the later years of my marriage. My kids are seeing me living my life to its fullest. And when they are part of my life, I get to rub off on them as much as I can. If joy is my MO then perhaps some of their joy is from me.

Always Love,

John McElhenney
@wholeparent

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Hold On! The Information You’ve Been Given About Divorce is Wrong

See if you can spot the lie:

  • The woman is the primary care giver.
  • The mom always gets primary custody.
  • Dads usually make the most money and spend more time at work, this situation is important for the continuity of the family after divorce.
  • The kids should be supported in a lifestyle they’ve grown accustomed to.
  • Women are usually the emotional ones in a relationship. They are the emotional center of the nuclear family unit before the divorce and should be given consideration as such after the divorce.
  • Dads are often distant, unengaged, and aloof in relationship to parenting.
  • Girls really need their mom’s more than their father.
  • Boys need their moms when they are young and their fathers later in life.

They are all wrong. Or at least misperceptions about how it is. Every case, every family, is different.

In my case, I’d go as a far as saying every one of these statements was actually the opposite of what our family was like. But as we headed towards negotiating our co-parenting relationship, I started being fed these outdated ideas as truth. Though they didn’t fit in our case, I was assured that the courts had done enough research and the experience to say “what’s best for the children.”

For your kids, divorce is the biggest trauma they’ve experienced in their young lives. The dad is often given the boot as the little group attempts to maintain some semblance of routine without him.

In our case, as in 90% of divorces in Texas, the split was divided along 1970’s traditional divorce wisdom. Moms are the primary caregivers, dads are the primary breadwinners, and keeping this balance is what protects the children from the harshness of divorce. That’s the party line.

The truth is, there is no protection from the harshness of divorce. However, not giving 50/50 consideration to the father in the family does everyone a disservice. Kids need both parents equally. If you can’t stay together for them, at least split up in the way that serves everyone’s need.

Can the father’s needs be tossed out at a court’s whim? Sure. It happens daily. But it’s not “in the best interest of the children.”

Divorce is hard business. And for your kids, divorce is the biggest trauma they’ve experienced in their lives. The dad is often given the boot as the little group attempts to maintain some semblance of routine without him. This is what you will be told is best for everyone. Well, everyone except the dad.

We’ve come to view the stereotypical male as detached and unfeeling. And that preconceived idea no longer holds water. Today the lopsided divorce, while all to common, is coming being challenged more frequently.

The situation: someone in the relationship has decided to break up the family, why shouldn’t it start with the assumption that the split is going to be a 50/50 on all counts?

If you are about to enter into divorce negotiations or a divorce war, please consider the needs of both parents in addition to the children. If, for some reason, it is determined the balance should be less than 50/50 make sure you understand the reason.

My dad was an aloof man. He was also the only breadwinner in the house. And my mom was, in fact, the emotional center in the house. That’s typical of that period in time. But the working mom revolution came along and changed everything. We’re more aspirational with our parenting, and in my case, we voted to split the details of parenting as closely down the middle as possible.

While I don’t blame my then-wife for “going for it” and asking for everything she wanted: the money, the house, the custody, I don’t think she was thinking beyond her interests. And we can all cite studies about mothering and nurturing, but today, just as many modern studies show the dad is of equal importance in bringing up healthy kids. The situation: someone in the relationship has decided to break up the family, why shouldn’t it start with the assumption that the split is going to be a 50/50 on all counts?

In my marriage, that’s how we agreed to have kids, as equal partners. What leads the woman to think she’s entitled to more? Why does more time with the kids also equate with more money to be paid by the father? It’s flawed math. Worse, it’s really flawed psychology.

As I was preparing to leave the house, she wanted to make sure I got a pet to be with me. She understood where her emotional bonds were.

I didn’t have the option to fight for 50/50 parenting once the divorce was in motion. By agreeing to a collaborative divorce, I was waving my right to sue my then-wife for terms. And while this also precluded her from suing me, somehow we started the negotiations with the old imbalanced split.

There’s no going back for us. The decisions that were made have run their course. My son is now 15, he was 9 when his mom asked for a divorce.  My daughter, who was 7 at the time, is the one I still feel the most pain about. She didn’t understand. As I was preparing to leave the house, she wanted to make sure I got a pet to be with me. She understood where her emotional bonds were.

I will never get back my kid’s youngest days. I will not be able to make up for the 65% lost time with them. What I can do is tell others about my experience. I can encourage, even moms, to consider the 50/50 route in compassion for the kids and also for the other member of the equation, the dad.

John McElhenney
@wholeparent

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The Transcendent Single Father

Relationships come and go. Breakups and divorces happen. Heck I’ve had two divorces. The real transformation comes when you have children with a partner. Almost by magic, the shift happens. You’re still in love with your partner, but suddenly this other tiny human is sucking up all of your love cycles. You love them both, but push comes to shove, you’re going to go with the kid. It’s human nature. Nurture, I suppose, is the word. You’re going to protect, cuddle, shelter, and encourage this tiny human for the rest of your life.

The basis of that parenting plan was built on the old model of parenting. Dad = breadwinner, Mom = love & nurture. That was simply not true for us.

If the marriage comes to an end, often it is tragic, but survivable. And for me, the children were the shining point of truth for me. Was I going to give in to the depression and financial crash of the divorce, or was I going to get back up and be the dad I needed to be? My choice was clear. My path to recovery and resurgence was less assured.

At the very beginning of the end I had a tough choice to make. Things had been strained and getting worse between my then-wife and I for almost a year. When she snapped and blurted out in couple’s therapy that she had, in fact, gone to see an attorney, I was caught with my proverbial pants down. I knew things were tough. I knew we were more friends and parents than lovers, but D I V O R C E ? What?

In that very session, she asked me to leave the house. “Give me and the kids some relief. Some quiet time. A little cooling off.” Our therapist seemed to agree. Again, another shock. Wait… What?

Time slowed down. My mind flashed back on my parent’s divorce and the bloodshed that followed. I had never contemplated divorce from this woman staring angrily, tearfully, at me from across the therapist’s office. The both awaited my response.

“No way.”

It was early April. Our two children (3rd and 5th graders) had two months left to go in the school year. And these two people were suggesting we tell them, “Daddy had to go on a business trip.” I paused and took a deep breath.

In this collaborative process of divorce I was a bit naive. I trusted that we were negotiating with everyone’s interest at heart. I was misled.

We were not really in couple’s therapy. We *were* in therapy, for sure, but it was a slightly different approach. SCT (Systems Centered Therapy) is about separating what’s real from what are merely feelings and emotions. And while I still respect the therapist deeply for all he was trying to do, he missed the mark on this one. By a long shot.

“Our kids are two months from finishing the school year. We’ve lived as roommates for six months. I’m sure we can be big enough to share the house until Summer break.”

They both looked at me with concern and disapproval. We ran out the clock on the session with us agreeing to disagree about this MAJOR POINT in our marriage and eventual divorce. Mind you, this was the first time I learned that my then-wife had been looking at her “options” with a lawyer.

It was the counselor at the kid’s elementary school who talked some sense into my then-wife about letting the kids finish the year. “They will need the time to regroup. Don’t do it while they still have to come to class every day. Give them some time off in the Summer. I’ve seen this kind of thing really hurt children in the long run.”

Yes. We, as the adults in the room, can take the high road and figure our shit out. Our kids needed to finish the year, and maybe even have a few weeks of Summer before we split the atom.

It was a rough few months. I fluctuated from anger to compassion. I wanted to patch things up but there was no talk of reconciliation. She was still convinced that maybe a separation would give her some perspective. She dangled it out there like some hope. It was a false hope. She was making plans, doing spreadsheets, and outlining her roadmap towards divorce.

Occasionally we’d cross paths in the hallway and I’d extend my arms, almost by instinct, to hug her before I realized what I was doing. I usually mumbled an apology. “Sorry. I’ll figure this out. I’ll do better.”

As the weeks drew on it was harder and harder to make nice. We could easily disguise our frostiness while getting the kids ready for school, because I was usually the one up and making breakfast and corralling everyone, while my then-wife got her hair and makeup done. This was my time, my mastery: joyfully waking, feeding, and delivering my kids to school. The fact that it was our last year as an intact family, was known only to myself and my soon-to-be ex-wife.

All this time, over those two months, we were meeting with our “parenting plan” therapist and our “financial split” accountant. And she was meeting with her attorney. Since we had agreed not to fight over anything I didn’t seek legal advice at that time.

So we examined our combined estate from the three scenarios. 1. she keeps the house and pays me for the equity; 2. I keep the house and pay her for the equity; 3. we sell the house and split the equity. And we began to talk about what was “in the best interest of the children” in the divorce therapist’s office.

In this collaborative process of divorce I was a bit naive. I trusted that we were negotiating with everyone’s interest at heart. I was misled. As it turns out, my then-wife knew, and the divorce therapist knew, but I did not know, that we were going to straight for the divorce-in-Texas package. See, traditionally men have been assholes as well as the primary breadwinner. And traditionally, the mom has been the shelter and love provider, and perhaps even the stay-at-home family hub. And for us, the stay-at-home-mom-plan is sort of how we initially set out on our parenting journey together. However, I was no absent father. That had been how my dad was.

The part that is missing, the heart of my relationship and my agreement with my then-wife, was that we would parent these children 50/50 with all of our love and focus. Everything in our lives revolved around being the best parents we could be. I handled the first half of the day (wakeup, breakfast, and school) and she handled the afternoon. We both wanted the kids to have a parent home when they got off the school bus. And we were 100% successful in that accomplishment. And I believe our kids still show the resilience of that decision. We parented 50/50 because that’s how we believed our kids would become balanced individuals themselves.

In the divorce therapist’s office, however, the story changed. Questions about our parenting responsibilities became much more loaded. And I was challenged on my ability to fix dinner. What? Seriously? I tried to push back, “And what about mornings and breakfast and getting the kids to school? How much of that responsibility have you had in the morning, over the last 5 years?” I was a very conscious and present dad. I was not the absent father with she was not the stay-at-home mom. We *had* been doing parenting 50/50 just as we planed.

I was not the absent father with she was not the stay-at-home mom. We *had* been doing parenting 50/50 just as we planed.

Divorce however, is not about what’s fare, or what’s real. Divorce is a battle. Even in the most positive divorce, with the most friendly parents, things can get messy pretty quickly when you’re talking about the rest of your lives with your children. I’m guessing her maternal instinct kicked in.

The conversation about the schedule and parenting plan changed dramatically. And when things got too heated, the therapist would talk to each of us individually to reset. In one of these cooling periods, she leveled with me, “Here’s what she’s going to get if you guys go to court.”

And it was at this very second, when my heart was shattered and broken, that I gave up. I didn’t mean to. I didn’t know what else to do. The toll of the two months of guarded-living had broken my fighting spirit.

Maybe I had done enough. Maybe some of the wisdom about the “mom” and the nurturing was true in our case, even if it didn’t feel as lopsided as the term non-custodial parent indicated. And I was facing my divorce therapist alone. And she was looking at me and saying things like “in the best interest of the kids,” and “most fathers react this way.”

I was NOT most fathers.

We tore up the 50/50 schedule that I brought into the counseling session. We started again with the SPO and the non-custodial rights and responsibilities. And while I gave up a huge piece of my “dad time” that day, I’ve never stopped working to show up for my kids at every opportunity afforded me. That I am afforded that opportunity only 31% of the time, instead of 50% is an issue. But that was not the time to fight. Or if it was, I was not capable of another battle. And the therapist was looking at me, sharing her compassion with me, and telling me, “This is what she’s going to get. Let’s start here.”

Today I’m certain I would try to do it differently, given the chance. And perhaps in the near future I will be given an opportunity to reset the schedule. But the damage was done, the divorce proceeded with all the typical restrictions and legalese. When I did consult a divorce attorney it was only to look over the decree her attorney had drafted. For me it was really about the parenting plan, and we had gone over that with a fine toothed comb.

The basis of that parenting plan was built on the old model of parenting. Dad = breadwinner, Mom = love and nurture. That was simply not true for us. And it is not true now. But now, my kids are in 7th and 9th grades and the time with them is much more sparse and rational. My then-wife and my fancy divorce therapist sold me the old party line about Dads and Moms in divorce. I hope that if you are in this situation you consult a lawyer who can negotiate on your behalf. If you parented 50/50 you should divorce 50/50 as well. The traditional divorce schedules and laws established when my parents were fighting it out, no longer apply for most families.

Always Love,

John McElhenney
@wholeparent

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Dear Non-Custodial Dad: Here’s What You’re Getting

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Instead of access to your kids all the time, you can now only see them 8 – 10 nights a month. For me this was the biggest loss in my life.

There is no way around it. The first time I was given my “options” I cried. I had been pulled kicking and screaming into the divorce counselors office to draft the parenting plan for our upcoming divorce. A divorce which I didn’t want, didn’t ask for, and felt drafted into. There was no hope for repair, once she’d revealed she’d been to see an attorney. She’d been looking into her options long before I knew the marriage was in trouble.

“We see this all the time,” the expensive Ph.D. therapist told me. “Dads who are oblivious to the forthcoming divorce. They tend to be overwhelmed, disoriented, and not ready to prepare themselves for the next chapter.”

While I went to these sessions with the idea that we would spilt the schedule evenly, to allow for both of us to have the same amount of time with our kids, that was not what she wanted. And having consulted with an attorney, that was not what she knew she would get if we went to court. We had decided we were going to leave the financial and legal aspects to our cooperative style. Once I came around to the idea that a marriage was not viable with only one willing partner, I was actively participating in our plan. But the deck was stacked against me.

Today in 2015, I might have a better chance of getting the joint custody and 50/50 schedule I wanted. In 2010 things were a bit different. So as I brought in my half-and-half schedule, and books about co-parenting, I was told I would take the non-custodial role and get the Standard Possession Order (SPO) to start with. Everything else could be negotiated.

They were still struggling in their tiny lives, to understand why their laughing dad wasn’t around all the time to lighten things up.

Well, the way it’s explained to you, when you first hear it, is every other weekend and one week night on the off weeks. There’s some provision about a full-month in the summer to make up some of the imbalance, but that’s not a reality in today’s working parent’s lives. So with the SPO, in my state, I get to see my kids 29% of the time.

The crushing news to me at that moment, and to most newly divorced dads was this: Instead of access to your kids all the time, you can now only see them 8 – 10 nights a month. For me this was the biggest loss in my life.

I could suffer the loss of the relationship. I could suffer the alone time and losing the house and neighborhood. But the loss of those kids, those childhood years, are still painful to me. It should not have gone that way. We should’ve agreed to figure the 50/50 parenting thing out, but I was negotiated into the box of the non-custodial parent and the SPO.

Today, just over five years later, I am still struck by the loss of my children. As I was closing up their rooms this afternoon, I tried to avoid feeling the hurt. I had a great send off this morning. I saw them off happy and well fed. And now they are gone.

As it turns out, we’re modifying the schedule a bit more this coming year. On the off weeks, so the kids don’t have to transfer their things, I’m settling for a dinner rather than a sleep over. And frankly, that’s a pretty good deal for me. Again, it’s not what I would’ve chosen, but it appears to simplify their lives. And in some ways it simplifies mine as well. In the coming year, I will have 2-of-10 school mornings every two weeks. That’s the hardest part of the routine. Getting everyone up, fed, and to school on-time. Giving up two of those mornings a month wasn’t a hard decision.

Still, back then, back when my kids were finishing up 3rd and 5th grade, there was no rational reason for giving up my 50/50 request. I simply got what was coming to me, and agreed to settle for 29% custody and a substantial child support payment. (Those things go together. The non-custodial parent pays the custodial parent.) Back when my kids were younger, this time was so precious. This loss of time was much more painful. I could feel it in my kids hearts when we got together, how they had missed me. How they were still struggling in their tiny lives, to understand why their laughing dad wasn’t around all the time to lighten things up.

There are some discussions about going to a more balanced schedule, but none that have gotten beyond the “what if” stage.

Today, with some guidance, perhaps my then-wife and I would’ve negotiated a more balanced schedule.

So today, dads who are looking at divorce, I’d suggest you consult an attorney. Even if you’re planning on doing a cooperative divorce. You need to look after your own best interests, because your ex won’t be thinking about your needs at all. And your high-paid counselor might not put much importance in the idea of 50/50 parenting after divorce.

My ex is still not sure if that’s what’s best for the kids, five years later. So we’re heading into another grossly imbalanced school year. It’s okay. I’m enjoying the time in my new relationship. So I’m not lonely, or pining away at the empty rooms. But I feel their loss, their absence, every time they leave. And they’ve been leaving for 5 years. I’ve got 6 more years to go until my youngest is gone for good. I’d rather find a way to reach parity, even this late in the game, sooner rather than later. Of course, there are a lot of factors involved. And with school starting next week, it’s easier just to leave things as they are.

Sad but easy. The non-custodial parent is treated a bit like a second-class citizen in the legal system. If you want to go for 50/50 divorce parenting, I think you’ll need an attorney. I also think it’s worth it, if you want to spend as much time as possible with your children. Just a few years ago the fight would’ve been uphill. Today, with some guidance, perhaps my then-wife and I would’ve negotiated a more balanced schedule.

Always Love,

John McElhenney
@wholeparent

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Reference: What Percentage of Custody Do You Have – State of California

image: legoland summer, cc 2015 john mcelhenney, creative commons usage

As a Nice Guy, My Cooperative Divorce Was Not Fair Or Balanced

WHOLE-beachin-2

I felt like I had a pretty good idea of the way the divorce was going to go, once I agreed to actually get a divorce. We went, eyes wide open, into the negotiations about parenting rights, money, schedules, and I also felt like I had a cooperative soon-to-be wife who was not going to try to destroy me. The first part was true, the second part, well… Let’s see how the story goes.

Cooperative divorce is not for everyone. Some couples will have fights about money, kids, things, houses. Some couples may be able to part as friends. We decided we would put the kid’s needs above ours in every matter. That was the spirit of the start, as we began the road towards getting a divorce.

She had met with an attorney before we began these talks and she wanted what she knew she would get if we went to family court.

It just so happens that a lot of our individual desires can be expressed as being “in the best interest of the kids” when in fact they are just requests and preferences. AND the traditional divorce has always favored the mom-as-caregiver and dad-as-breadwinner and the legal system and precedents have all been set up with this in mind. I did not know this going in to our initial discussions with a divorce therapist, who was engaged to help us through the process of setting up a parenting plan, and staying focused on the kids needs rather than our issues or frustrations.

And again, I was imagining that I had a good perspective on my own feelings and needs. I did not. I knew that I was depressed about the divorce, but I didn’t know how this would affect my negotiations and participation in the process of divorce. I thought I was going to be able to hold my own. I was not.

In the first weeks of our “planning” we started discussing schedules and what each of us wanted. My first mistake was assuming that we both wanted a 50/50 balance in our divorce. We had decided to have children as a balanced decision. We parented them to this point in a very 50/50 style, though I would be the one making the most money to support her time with the kids. But this was a choice we made together, not just a stereotypical marriage.

Since accepting the fact that I was getting a divorce, I had been reading a lot of great books about balanced parenting, and fair divorce. When we were asked to bring in our schedule ideas I lead with a 50/50 split that had been recommended by one of the progressive books I was reading. What I didn’t know was my still-wife had gotten other advice. She had met with an attorney before we began these talks and she wanted what she knew she would get if we went to family court.

She wanted the traditional split in Texas (80% of divorces follow this structure)

  • Mom gets the house (so the kids can stay in their family home
  • Mom gets child support to keep the kids in the lifestyle they have grown accustomed to
  • Mom gets primary custody, which awards her some significant rights in the eyes of the state
  • Mom gets a significant amount more time with the kids in the two-week cycle (something known in Texas as the Standard Possession Order, or SPO)

She knew this is what she could expect to be awarded if we were to go to court, so this was her starting point. This was her “best interest of the kids” scenario, as backed up and supported by the State of Texas Attorney General’s Office.

If you are a dad and you really want to be there as much as you can for your kids, FIGHT.

Now, I give my ex-wife a lot of credit for being organized, for planning ahead, and making great decisions both financially and about the kids. In this case I believe she was acting out of her own best interest as well as the kids, and I believe she was well prepped by her lawyer to enter the cooperative negations with this significant advantage on her side: she knew that if things didn’t go as she wanted, at any time, she could pull out and we could go to court and she would get exactly what she wanted.

When our high-paid counselor dismissed my 50/50 dreams with this statement, “That’s what she’s going to get if you guys go to court,” I should’ve been clued in to my mistake. I thought we were negotiating from a balanced perspective. I was sad. I wanted to get out of this “fight” with as little bloodshed as possible. I did not fight when this statement effectively tossed my 50/50 schedule in the trash.

It is at this very moment, if you are going though a divorce, that you should really know your goals. I was too emotionally wrecked to put up much of a fight. Even though I had a lot of good books and experts on my side, my idea of 50/50 parenting was dismissed within three sessions. Again, I didn’t want a divorce. I didn’t want to give up my time with my kids, and I didn’t want to agree to anything less than 50/50 parenting. But when push came to shove and the counselor started telling me to give up on that idea, I accepted defeat. This moment was the darkest in the entire process of divorce for me. What I feared most was losing time with my kids. And even thought I was paying half of the counselor’s fees I was given my starting point to be a lot less than I wanted.

If you are a dad and you really want to be there as much as you can for your kids, FIGHT. I did not fight because I was depressed, because I was the nice guy, because I wanted to avoid conflict. And while I don’t think my kids have suffered as a result of following the example set by the State of Texas, I do think I have lost a significant amount of time with my kids. Time I should’ve had as part of a more equitable split.

Today’s research about divorce and parenting shows that BOTH mom and dad are equally important in kid’s lives.

It turns out, I’m going to have to go to court now, six years later, and sue for balanced custody and a 50/50 schedule. Turns out that if she’s making more money than me she should be paying me some support. Perhaps this would’ve been a better plan in the beginning. Perhaps this would’ve been better for my kids. It’s not what happened, and I’m not sad about it, but today, knowing what I know, I would’ve stood my ground.

My son would’ve had more of me standing up for him as a young kid. He might now be more courageous to try new things. My daughter would’ve had fewer nights missing me. I would’ve had fewer nights missing them.

Today’s research about divorce and parenting shows that BOTH mom and dad are equally important in kid’s lives. So if you’re heading into divorce, and you parented in a balanced way, please take the time, make the effort to fight for what you know is right. By all means, if you don’t want 50/50, you can relax and let the standard deal get established. I didn’t have all the facts in front of me, and I was at a disadvantage. So I lost.

Today if I want to reestablish a 50/50 plan it’s going to cost me money and necessitate a legal fight, if all goes as planned she’s ready to agree to the 50/50 idea anyway. But you never know with my ex-wife. She’s got plans and ideas of her own. Stay tuned. And if you’re in a divorce planning phase, stay frosty. Don’t miss out on getting the time and closeness you want.

Stay positive. Love your kids. Respect your ex.

John McElhenney
@wholeparent

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Divorcing with Kids: The Golden Rule – It’s About Time Not Money

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[Disclaimer: I am not a divorce attorney or a licensed therapist. The information I provide is my own story and my own experience of divorce. Please consult professionals if you need help negotiating your divorce or parenting plan. I am also not a men’s rights advocate. I believe in equal parenting roles as they best serve the children.]

Divorce was the biggest disruption and reset of my entire life. And because we had kids, I knew the way we handled the separation and business of divorce was going to be of critical importance to them. My Dad’s departure from the scene in my 3rd to 5th grade years, changed everything about my life.

Even though a lot of the divorce process is about money, the focus should really be on the time.

I remember the moment I learned that my then-wife had been to consult with an attorney. I called my long-time mentor and sometimes therapist and asked how soon he could see me. Within hours I was in his office sobbing. It was clear as I began talking about what was happening that I was grieving as a 7 year-old boy. I was crying for the sadness inside me that was really about *my* parent’s divorce.  I could still feel the broken heart as if I was reliving it.

My concern, going into the divorce was how to protect my kids from experiencing the disruption that had blown through all of my childhood family dreams. Later that evening I argued with my then-wife about her request that I simply leave the house. “We can tell them you’re going on a business trip, or something,” she’d said, earlier in the therapy. She said she needed a break from the intensity.

It was April. Our kids were in 3rd and 5th grade, two months from completing the year. I flat-out refused. Even as the therapist was telling us he thought we could use some time apart, I disagreed.

“The divorce is going to take a while to figure out,” I demanded. “We’ve been living as roommates for some time. We can make another 6 to 7 weeks until school is out. I’m not disrupting their school year because you want a break.”

It was a very hard close of the school year, but I am proud I stuck to my guns and stayed in the house. Sure, my kids were aware that things weren’t great, but they didn’t have the ground torn out from underneath them either.

I lost over 65% of my kid-time because I was “given” the SPO and the non-custodial parent role.

As we went into the negotiations around separating our two lives, we did a good job keeping the “best interest of the kids” ahead of our own. We paid money to an expensive and fantastic therapist who made her living helping couples build amicable parenting plans to guide the next 5  to 10 years of their kid’s lives. We paid to meet with a divorce accountant who modeled the various scenarios. (She keeps the house. You keep the house. You sell the house.) We did everything right, as far as we could tell.

In this process, I was grieving as we went along. I even caused a pause in the process when the parenting-plan therapist learned that I didn’t want to go through with the divorce. We took and extra week, and a few sessions to see what that might look like, if we didn’t get a divorce. I was trusting in the team we had hired and in my still-wife’s good intentions towards the kids. Everything was about the kids.

Even though a lot of the divorce process is about money, the focus should really be on the time. As I was trying to be the compliant good dad, good guy, good divorcing man, I began to compromise on some of the items I had come to the negotiations with. And as my then-wife was focused and clear on her desires (custodial parent, house, child support) I was a bit disoriented. My only expressed desire was 50/50 custody and 50/50 parenting.

The problem was, even the cooperative therapist began to tell me I should settle for what she wanted. And at that time, six years ago, in the state of Texas, she was accurate when she said, “That’s what she will get if you go to court. She knows that. So let’s just start with things we can negotiate.”

Even as I was clear and determined to have a low conflict divorce, and to get as much time as possible with my kids, I was a bit misled by our counselor. It was 50% of my money that we were paying her to stay out of the courts. And she quickly sold me into the bad deal that is offered as the typical divorce in the state of Texas. (And likely in your state.) The phrase Standard Possession Order becomes the law of the land, and in our case, I was asked to accept that *very* unbalanced arrangement so we could move on to the schedule and the money.

The money will come and bite you in the butt if you don’t pay attention, but it was the kids and time with the kids that I was most interested in. And within a few weeks I my 50/50 schedule ideas were tossed out.

You may, in fact, have to sue to get what you want. But if what you want is to be present with your kids as much as possible, you should go for it.

Now, five/six years later, I can tell you this: If you want 50/50 parenting, go for it. Sure, you may have the odds against you, depending on your state and your case, but if that’s how you parented, I think that’s how you should parent after divorce. The old concept that the mom is more essential to keeping the kids happy, simply doesn’t hold true. The attorney I talked to recently about renegotiating my divorce arrangement said, “If you go in looking for 50/50 parenting, and have some reasonable evidence to support your ability to parent, we’re liable to win.”

The tides have shifted somewhat. I believe you will most likely be offered the simple deal. And for some more traditional marriages, the non-custodial/custodial parent plan works. But for the dads who are 100% into their role as DAD as well as their role as breadwinner, I believe the effort well worth it.

I lost over 65% of my kid-time because I was “given” the SPO and the non-custodial parent role. I also ended up paying more than I should’ve, because the theoretical job didn’t materialize to support the decree. By that time, the only option was to sue my ex-wife for a different arrangement, or different financial terms. 1. I didn’t have the money to fight; and 2. I didn’t want to sue anyone, much less the mother of my kids.

You may, in fact, have to sue to get what you want. But if what you want is to be present with your kids as much as possible, you should go for it. I didn’t have the choice, based on the people I put trust in and the system that was setup years ago in favor of the mother. And my regrets are few overall, but with hindsight today, if I knew how much I was giving up, I would have fought for the TIME. The money, even as unbalanced as it was, was less of an issue.

If you put your kids first you may need to fight to get what you want. And by putting your kids first, sometimes you may have to fight their mom. But to be the best dad you can be, you have to be there, you have to spend time with your kids. All of that time that was taken away is now water under the bridge, but today it’s much more clear for me. I take every offer to have the kids an extra night, or to support my ex when she has to work late.

Time is the number one parenting resource.

Stay positive. Love your kids. Respect your ex.

John McElhenney
@wholeparent

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Loss of the Proximity Effect as a Divorced Dad

WHOLE-repoop

My children bring such joy in to my life when they are around. Their absence doesn’t make my heart grow fonder, it just reminds me of how much of their lives I’m missing as a divorced dad.

I’m watching my kids grow up from a distance, and it’s painful. Sure, I have the standard possession order, the simple divorce equation for 80% of dads. But we’re getting the raw end of the deal. Actually, divorce is the rawest end of the deal, but once that’s determined, the only thing you can do is hope for maximizing your time with your kids. Still, it’s not enough.

Divorce is like an empty nest trial run that happens every week. My kids are here, we’re laughing, chatting, I’m fixing them food and taking them all over the city to friend’s houses, appointments, movies… It’s a parent’s life. Joy is the theme. Togetherness is the melody. And on the days when my kids are with me I perk up like a… well, like the dad I have always been, the dad I want to be, and the dad I lost in my parent’s divorce when I was 9.

There’s no accounting for the loss in a parent’s life when their kids are gone. Sure, a lot of people are dealing with divorce (and worse PAS) but just because it’s a new normal, does not make it acceptable. But accept it we must. What are the options?

Screen Shot 2014-11-23 at 6.07.18 PMIn my divorce I went for low-conflict, easy negotiation, and shared responsibility. I also went to the divorce counselor’s office asking for 50/50 time with my kids.  That’s not what I got. Even through we were both paying for our parenting planning, the therapist quickly shut down my 50/50 notions. “If you go to court she’s going to get the SPO.” While I argued that we were seeing her to prevent us from ever having to go to court, I eventually gave in and became a team player. We built our kid’s futures and my limited-fathering contract around the “court’s traditional decision.” I listened to the therapist when she talked about what was “in the best interest of the children.”

Listen very carefully when you hear that phrase. It’s a signal that you are about to be force-fed some wisdom or legal precedent that you’d just as soon accept. And that’s just what I did. The rest of the divorce planning went pretty smoothly after I gave up my dream of being a 50/50 parent.

But it’s how we shared the parenting duties when we were together. Even when I was the primary breadwinner, shipping off to a nearby town for the big bucks, I was holding up more than 50% of the parenting duties. I shopped, cleaned, ran errands, and tried to provide the evolved male version of cooperative parenting. However, the minute we were in the counselor’s office my wife’s intentions became loud and clear. She was always big on the planning and I was usually the one who followed her budgets and plans. Both my wife and the counselor smiled when I showed them my 50/50 parenting calendar. I had been studying the options, reading the psychology, gearing up for the discussion.

Even as I miss them when they are gone, I am learning to celebrate and appreciate them more deeply when I am with them.

I still wonder if they’d had a sidebar and set up their “plan” before we ever started negotiating in her office. They both smiled and politely told me why the kids needed their mother more than their father in the early and young years of divorce. That’s not what my books and research were telling me, but that seemed to be the consensus of our “divorce team” and the typical will of the courts. Mom’s get the time, the house, and dad’s get the time to stay focused on work, because they are now going to be responsible for their ex-wife’s house and whatever shelter they can afford for themselves. That’s just how it was in Texas in 2010.

Today, in 2014 I hear things are beginning to balance out a bit, thanks to the men’s rights movement. And while some of these organizations seem rabid and furious, my attorney said if we wanted to go for 50/50 now, he imagined the court would hear my case and we had a pretty good chance of winning. Hmm.

Would *that* be in the best interest of the children, today? I don’t know. Would I be striking out to fill my own empty nest time with more kid time? Again, I don’t know the answer, I’m still exploring my feelings around this idea.

There are some benefits to being a single dad with the SPO.

  • I have a lot of time off from parenting. (I’m rested and pursuing my dreams again.)
  • I have time to work overtime if I want to. (Mostly I have to, but that’s a different story.)
  • I could spend time dating and looking for another relationship.
  •  I have a lot less school-wakup-morning duties. (During my On-Week I have two school mornings. On my Off-Week I only have one.)

And there are some painful losses.

  • I’m often not clued into my kids school activities. (I have to be vigilant to say on the parent-teacher mailing lists, and make sure I’m available for all meetings.)
  • I miss whole weeks at a time. (As my kids are getting older, I am noticing how much they change between visits.)
  • My house is more of a “hotel” than a home. (Since they are not with me very often they keep 90% of their stuff at their mom’s.)
  • I miss teaching my son how to shave. (His mom let him use one of her razors. When I asked him about it, he was proud that he already knew how.)
  • I miss a lot of the nuance of growing up. (Even subtle changes seem big when you haven’t seen them in a week.)

Basically, I miss a ton of their life experience. I am not involved in 80% of their week night, school work, family dinner routine. And yesterday we stopped at a cafe for breakfast along the route of taking them back to their mom’s house. As my kids sat across from me, joking, poking and prodding at a each other, I felt a pang of loss. So much of life is sitting around the table “living” with each other. And my involvement in this activity was reduced by much more than 50% in the divorce. I’m guessing, because of the structure of the SPO I miss about 80% of my kids daily lives.

They’ve still got two loving parents, we’re just playing our roles alone on some imbalanced schedule that was worked out without much input from me.

As they get older now, they both have a ton of activities and sleep overs. Even on *my weekends* I often see my social daughter only briefly on the weekends. And observing her and her brother yesterday I was even more aware of my loss. Even as they are accelerating towards launch and college, in many ways, the divorce takes a large portion of their lives from me every week. And on off weeks, I notice the gap by how much they have changed when we’re back together. It’s like getting random and sporadic updates from teenagers about their lives, rather than living their lives with them.

Would I want to still be married? No. But should I have fought for 50% of my time with my children? Maybe. Still, that’s not where we are today. We move forward with the standard parenting plan and we do the best we can. Even as I miss them when they are gone, I am learning to celebrate and appreciate them more deeply when I am with them. They’ve still got two loving parents, we’re just playing our roles alone on some imbalanced schedule that was worked out without much input from me.

Always Love,

John McElhenney
@wholeparent

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image: a note I wrote to myself, then added to by my daughter, age 6, while we were still married

Down Is the New Up: Divorced with Children

WHOLE-stiltdance

There is no planning for divorce. Divorce sneaks up on you, and more often for men, divorce slaps you on the back and says, “Sorry, we’re done here. Get your things and give us all a break, please.”

And you step out side of your house, what was your house, for the last time and smell the morning air. There is a hint of excitement mixed in with the heat and dust of the Summer.  You know it’s over this time. You know you have given in to the request. You may still try reconciliation from time to time, but she has made her position clear.

The moment, in couples therapy, when she admitted to consulting an attorney I was caught off guard.

As a semi-conscious husband and father I knew things were hard. I knew we were struggling to keep our friendship above the fray of money-work-kids-mortgage-insurance-sex. It was all coming to a head so quickly, but I knew that our couple’s therapy was helping. I was praying that it was helping. And then it wasn’t working any more.

I had begun to risk asking for what I needed. And I was beginning to express my dissatisfaction in the marriage too. This was dangerous territory. It was usually my then-wife who was having the major issues. She was unhappy. Very unhappy. And over the course of a year, I was beginning to wear down, and I was getting unhappy too.

Where I had been able to maintain a buddhist-like detachment from the “issues” that seemed to arise daily, my hopefulness was beginning to fail. Sure, we weren’t very good friends at the moment, but we were partners and parents first, right? Well, I had begun to express my frustration with how isolated we had become. I was tired of satisfying 100% of my sexual needs alone. I was tired of being kept in a glass box. My love language was touch, and I was starving to death.

What I didn’t know was how far into the foundation her anger went. Probably the fractures that were causing her chronic anger were not all about me. Depression and anger often have roots in childhood trauma and family of origin issues. But on the surface it appeared to her that I was the problem. I was okay at holding that responsibility for a while if it meant we could work on things. But over time, I began to feel a bit beat up, I began to respond with my own dissatisfaction.

There was only one real problem with my plan. I was arguing and fighting “for” my marriage from a position of strength. I thought the relationship was hard but the marriage was solid. My then-wife, however, had begun to consider post-marriage options. The moment, in couples therapy, when she admitted to consulting an attorney I was caught off guard. My strength and resolve at fighting *for* my marriage shifted instantly to some other instinct: self-preservation. (see: super judo warrior dad)

And within a few months of that revelation, I was out of the house. We were done. And I would never have full access to my kids again. It was way to early to understand the full impact of what was happening. I was reeling in emotions, depressive thoughts, and “what the hell am I going to do now” moments. I was in survival mode.

It took a few years of hard work before I was really ready to examine my own present struggles. I was consumed with issues like how to make enough money to pay child support *and* have a place to live, how to maintain a positive outward appearance to my kids when they were with me, and how to recover enough when they were not with me to function at a reasonable level. The maelstrom of divorce rips through everything you thought you understood. Just as the love hurricane brought in your role as parents, this was another transformative event. None of us would ever be the same.

You walk out of your house and essentially out of the life you’d known and into something dark and exciting.

I have the sense that a “dad out on the street” experience is quite different from what my ex-wife and kids experienced. Their lives maintained a sense of sameness. They were in the house together most of time and it was only me that was missing. For me, I was taken out of all that I had built over 11 years of marriage, out of my house, bed, neighborhood, friendships. I was struggling to find a place to live, living with family members, and missing my kids terribly. Of course, I was missing my partner as well, but that part of the ache had been crushed in the process of divorce.

If you’re super stable and fully employed at a high-paying job, perhaps divorce wouldn’t hit so hard. But for me it was much more than logistics and schedules. For me it was a total reset. I had nothing. My things were in storage in the garage and my former life seemed to be going along just fine without me, just a few miles away. Yet I was not invited in.

I learned how to survive and thrive while being down. For several years there were no “ups” it was all struggle and high-growth curves as I learned to reset my expectations and ideas about my future. Everything had changed. And this live without my kids for 70% of the time was the new normal. I had wanted 50/50 custody but I had been overruled by the counselor and my ex. Of course that’s not what she wanted. Her mandate was to keep the kid’s lives as similar as possible, just without me.

And that’s what we did. And that’s what you learn to survive as a divorced dad. You walk out of your house and essentially out of the life you’d known and into something dark and exciting. Of course there is a liberation at that moment, the world is reopened, the possibilities are once again endless. But… You’re kids, the purpose you’d come to depend on as a driving motivation, are no longer with you. And while they are not against you, they are most often away, in the old house, living the old life, without their dad.

We did our best. We survived. And I have learned to thrive in the absence of my kids and former life. Down has become the new up, and I have become a new single dad, still committed to his kids, and in many ways, to his ex-wife as well. We are still a family, still connected, even when we’re not together.

Always Love,

John McElhenney
@wholeparent

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Timing, Money, and Parenting Within the Standard Possession Order

Let’s clarify a few things about the SPO right off the bat.

  1. The Standard Possession Order (SPO) is convenient for the courts, because it’s simple and already been litigated repeatedly.
  2. The SPO is not even close to 50/50 parenting (though you may hear otherwise – more on this later)
  3. The real deal of the SPO is money is traded for time

SPO - divorced dadWhile at first you might fight the SPO, if you are a dad and looking to lose a good deal of contact with your children. And for the first few years, while my kids were younger, I was pretty sad that I had accepted the SPO-as-a-given and not fought for a real 50/50 solution. Today my thoughts about it, four years in, are mixed, but I have some updated information that might help others facing the same decision or fight.

To change the child support amount requires basically hiring an attorney and sueing your ex.

Today I see the trade with my ex-wife as a simple money for time exchange. For money (child support) she bears the bulk of the mundane–getting them ready for school in the morning–tasks. And my advantages are pretty good, considering I don’t see them as much as I would like to.

A few highlights:

  1. I usually get the kids ready for school 6 days a month. 4 of those days are Fridays. It’s easy to motivate with “Hey, It’s Friday.”
  2. I do get a substantial amount of time to go about my own business. While in the early stages of divorce this is the “rough time,” as you get more healed, it becomes abundant “me” time.
  3. If we were both having to pay for after school child care, she would also be shouldering the bulk of the expense, since most of my time is on Saturday and Sunday.

As a trade for the money, the other partner is supposed to take care of clothing and supplies. And for the most part, doctor and dentist visits will happen during their extended kid-time.

A few lowlights:

The hardest part is missing your kids. Not having access to them every night to tuck them in, hear about their day, whatever.

  1. Child support is a lot of money. It usually works out to 29% of your take home pay. And that doesn’t cover any of the things that you will be paying for when your kids are with you.
  2. In the SPO the imbalance in time is brought closer by giving the non-custodial parent (NCO) a full month during the summer. (I assume this is for NCO’s who live in a different city.) The lie is, if you are working, there is no way you are going to take on an entire month. If you had to pay for childcare the entire time you were working it would be expensive. And full-time parents would typically have two-weeks vacation. So you do the math.
  3. On the off week the NCO gets the kids for one night. This is a pain on everyone. Less than the pain of not seeing them at all, but doing the house shuffle for one night is hard. Better than nothing, but not ideal.

If I had it to do all over again, I’d probably argue with the counselor and my ex-wife and negotiate something a bit more even. You will be advised not to do this. “It’s easier for everyone if you just accept this plan, it’s been working for families for years.” And they might even tell you, “If you go to court, the mom usually gets the SPO to start with, unless there are extenuating circumstances.” And what they mean by that, is unless you are ready to fight.

Once you have agreed to the SPO and the amount of child support (a fixed percentage of your estimated income) it is very hard to change it. To change the child support amount requires basically hiring an attorney and sueing your ex. To change the schedule might be easier if you and your ex-partner are on speaking terms.

And here’s the final part of the SPO that seems problematic.

As the NCO, I am ALWAYS craving more time with my kids. Given the request to take them for another night, an extra say, or a random weekend, I almost always say yes. I don’t get enough time with my kids. On the other hand, I occasionally get the feeling, and no slam against my their mom, that she would love to have me take them for more time.

So now that their older, the negotiations, at least between us, can me more about what we want. Other than the money, we can negotiate pretty well on schedules. And I’ve even taken them for an extra day on my off weeks. A win for me (more time) and a win for her (more time with her boyfriend). It’s odd to me, but that’s probably because I don’t have a significant other who I’d rather be spending time with. In fact, I gave up my Friday nights to pick up the extra day.

My priority is my kids. I cannot speak for hers.

Always Love,

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