Inviting the Dinosaur Into Your Divorce

WHOLE-dino

You’re heard the metaphor of “the elephant in the room,” right? This a little tale about the dinosaur in the divorce. While I work to keep every post on this blog tilted in the positive direction, there have been moments in my relationship to the mother of my children that have been less than stellar.

“The bad part about her inviting the AG’s office into our financial affairs is that it really doesn’t coerce me into paying more or faster.

When my ex-wife got mad two summers ago she threatened me when I got late on my child support payments. I had just lost a job and was in the process of replacing my income, but it was hard times. I’m sure it was hard times on her side of the equation too, and so I try and give her the benefit of the doubt every time. Even when things were bleak between us, I tried to forgive and move on, just as she was trying to convince herself that I would make good on my promise of payments.

After a few months of job hunting I had not produced a new stream of income for us to base our shared parenting financial obligations, so in a fit of rage or an act of self-preservation, she filed our divorce decree with the attorney general’s office in our great state of Texas. In effect, she was throwing up her hands and saying she was tired of hearing my unfulfilled promises of payment, she’d rather have the state’s attorneys take over the matter of the cash flow. She used the terms “enforcement” and “in the best interests of the kids” a lot. Actually she still uses those concepts today, with different language. She’s still pretty sure the AG’s office is the only reason she’s gotten paid recently.

I had to remind her, “Um, the reason you’ve been getting paid since November is because I had a job. No cash flow, no money for either of us.” She didn’t like that answer a few summers back and she doesn’t like the logic today. Still, we have our divorce decree and we have the AG’s office tracking my every move.

The bad part about her inviting the AG’s office into our financial affairs is that it really doesn’t coerce me into paying more or faster. Sorry, I’ve never defaulted or delayed a payment when I had the money. I even exhausted my retirement account to make payments when my income was not matching my expenses.

“Your ex-wife on the other hand, might have other ideas,” he said. “But the dinosaur is equally hard to push from her side as well.”

It really doesn’t matter now, as it stands we have the AG’s office in bed with us, for better or for worse, for richer or for poorer, until both our kids are 18 years old.

Today I met with my family attorney and he said, “The AG’s office is like a dinosaur. Once you invite the big beast into your affairs it’s really hard to get rid of them.” I liked the analogy. Yes, that’s what it feels like sometimes, like a great big stegosaurus is sitting on my chest with a dumb smile and a “feed the children” necklace on.

Truth is, my kids have never gone wanting for anything. My ex-wife has never missed a house payment. And my commitment to pay and continued efforts to do so has never wavered. Well, except for that time a few summers ago. When she began to rattle her AG’s saber at me, I pushed back with the only idea I could come up with. I told her (this was a dumb idea) that if she “did in fact file with the AG’s office” I would ask for a recalculation of all that I have paid, and all that I should’ve, paid based on *actual* income rather than *theoretical* (which I had yet to achieve since the divorce). I had agreed to pay child support based on a job that I no longer had, but in the duress of the process I agreed, even before I had the replacement job. Another bad idea.

A few rules in dealing with your co-parent:

  1. Never threaten your ex about anything.
  2. Remain optimistic, but don’t count on a job, or a miracle, or mercy from your ex when they are angry or under stress.
  3. If it’s in the decree you will continue owing the amount until you sue your ex to change the amount of child support . Regardless of your employment status, or the economic climate, your child support bills continue to arrive and your debt, if you can’t pay, will continue to grow.
  4. Once in your lives, the AG’s office will never leave.

Today, my attorney went on with the metaphor. “And getting the dinosaur to change or do something on your behalf is very hard. You can push, yell, ask, write letters, and it’s very likely that if they move at all, the dinosaur will move because of some random reason and not as a result of your request.”

He continued, “The AG’s office is really run by computer programs. When the computer kicks your name and account out because you are behind on your payments, the staff just sends out the letter. What we want to avoid is getting the dinosaur mad. If you keep paying what you can, and keep paying something, when the computer spits out your name, the dinosaur will consider you a friend and not just bite your head off.”

“Your ex-wife on the other hand, might have other ideas. But the dinosaur is equally hard to push from her side as well. You are both just kind of stuck with it, like herpes. Once you have the dinosaur in your divorce, you can never completely get rid of him.”

I’m gearing up to start a new job so that I can get some money, but more importantly, so that my kids will get some money. And yes, the dinosaur will be fed and happy in the next month.

The good news in my case is I got a new job that starts in two weeks. I’ve been paying her 25% of my income since my last corporate job, but it’s never quite equalled the *theoretical* job that I was supposed to land in the first few months after the decree was signed. And I will dutifully contact the AG’s office and they will dutifully withhold the child support payments from my take home pay.

A few things I didn’t know about this process.

  1. Your ex does not pay taxes on any of the child support income. It’s like free money to them. You, however, pay the taxes and lose the money at the same time. (Makes it really seem like a double whammy. I work, I pay taxes, then I give her $XXX.)
  2. The AG’s office will set an additional payment, on top of your support payment, when you are behind. I called to tell them, “I’m just getting back on my feet, can we reduce the extra payments just a little?” I was told in no uncertain terms, by one of the dinosaur’s minions, that I could file a petition to change the support order. So I’d have to sue her? Okay, pass.
  3. The dinosaur randomly sends out letters to beneficiaries and asks, “Would you like us to review your account?” Like a bill collector, on their side, the simple check mark in a box on a return post card sets all kinds of painful examinations in motion.

I’m lucky. I have been employed or working under contract for most of the time since the divorce. And today I’m gearing up to start a new job so that I can get some money, but more importantly so that my kids will get some money. And yes, the dinosaur will be fed and happy in the next month.

One of my main goals is to keep the dinosaur from kicking out a random request to put me in jail. But according to my attorney we’d hear the roar via at least one letter of intent before the patrolmen showed up at my door.

Always, No Matter What, Put Your Children’s Lives Ahead of the Emotional Issues You May Still Have with Your Co-Parent.

And, always love,

John McElhenney
@wholeparent

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image: how to draw a dinosaur – wikihow, creative commons usage

 

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