Divorce Saga Day 3 - Austin,TX

Updated on February 12, 2010
G.M. asks from Austin, TX
5 answers

I wanted to thank everyone that has replied to my divorce question and onto the next day when I vented about taxes. I have made contact with a lawyer and awaiting for a call back from him. I have finally compiled all the information for myself in regarding to timelines of items not paid for by my soon to be ex (stbe), what is owed to my parents etc.
Today, I think I'm venting again, but I do not mind if you respond, it was funny on the last "vent" I had someone talk to me like I was their BFF, gosh, I LOVE IT!
Since I last wrote, the stbe and I had one heated arguement. The next day was pick up day for my son to go with his dad, I played it cool as a cucumber and spoke to my son every day over the weekend. Then his dad called and wrote an email requesting the divorce decree be sent to him so he could "go on with his life"....I sent it to him and 40 minutes later he sent it back with the changes.
This is what he is requesting "the paperwork reflects to what I see as fair and agree to the following"..I am mandated primary Physical Custodian of our son, if I agree to keeping the arrangement we currently have now. The arrangement of son with me 4 days, with dad 3 days. STBE expects exceptions during holidays out of school days and summers. He feels this will leave me having my son 30 days more than him and to compensate for those 30 days he will let me claim son on tax return until son is 18, and that neither of us pay child support.
If you remember we owe my parents money, he states he will pay half of what is owed to them, as well as half of the credit card. He will pay all of the motorcycle. He ends the email by stating he will pay all of the credit card if I will "expedient resolution of the divorce" as he would like to file it this month.

I know what most of you will say as you have written it to me. When discussing this with an old neighbor of mine who knows my ex, she calls knowing how he is in "la la land" and can't actually see what is "right"...this is true, not dealing with someone with a full deck. She also asked me, "what do you want from this? I want my parents paid back. He verbally said he would do this, I think that is fair. ***also remember in my past "vents" I mentioned he was in the middle of a lawsuit and could attain a large sum. So, one or two things happened, he did or is receiving money soon this is why he is insisting the divorce to happen so quickly??? Notice he didn't ad anything about the money in the decree, he did tell me in the heated arguement last week that by law I was not entitled to the lawsuit moneyt....And not that I care, but what if his new girl friend is pregnant? It is so strange how suddenly this all came about and how quickly he is pushing it......UGHHHHH, thanks for letting me vent!

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S.K.

answers from Minneapolis on

You know - if the lawsuit does close prior to your divorce you MAY be eligible for 1/2 of the money. There have been cases where someone has won the lottery and waited until their divorce was final prior to collecting. They were forced to pay 1/2 of their earnings to their ex-spouse b/c the winnings were won during the divorce.

Also - in MA even after you sign the divorce papers it takes a year to ratify the divorce. There was a case where the husband and wife were divorced and the husband was killed skiing - but it had not yet been a year from them signing the divorce papers.... the (ex) wife got everything in his estate. Sad for the kids that they lost their dad... but good for the wife b/c as he did sleep w/ the underage babysitter.

My point is I think if you're still legally married you are entitled to 1/2 of whatever he gets in any lawsuit. I would talk to a lawyer PRIOR to signing ANYTHING. Who knows... maybe your 1/2 of the settlement will be more than enough to pay off your parents.

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W.H.

answers from Dallas on

Hi, I believe if you have primary physical custody he isn't supposed to claim the child on the tax return anyway. It does all sound very suspicious, though. I would never agree to no child support as you never know how your circumstances may change. Also, since TX is a community property state and we do not have legal separation as a status (you are either married or divorced) you are entitled to the settlement money as long as you are legally married when he obtains it since we are a community property state.

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A.R.

answers from Austin on

Hi Gina - In my past experiences with men trying to get a fast divorce means only one thing. He is planning on getting married again as soon as your divorce is final. He does have to wait 30 days,but my dad did this to my stepmom and my brother in law is now doing it to my sister in law. (spouse's family). They are willing to sacrifice and negotiate anything in order to speed up the divorce and please the other woman as well. My brother in law is such a snake and I feel so bad that my sister in law is in the dark and thinking she did something wrong. All along he was having the affair with this other woman and now wants to just get a divorce after 18 years and turn around and get married with no remorse for his children or ex.

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M.A.

answers from Austin on

Ohh you should get the book "Divorce Sucks" it is written by the women who was dumped by Dean McDermott, you know, the guy who left her for Tori Spelling. They had a 7 week old adopted daughter at the time, and an older Son. Before their divorce was final they were engaged, with their photo on the cover of People, and a reality TV show about their love life was about to start. VERRY interesting. And it's also a self help guide about how to stand your ground and NOT back down NO MATTER what during a divorce.

Also, I hope you have a very good lawyer. It sounds like he is trying to pull one over on you. My bet is that he has hidden assets, or a hidden agenda. These things SHOULD take time.

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M.A.

answers from Orlando on

Do not agree to anything without a lawyer looking at it. If you can't afford one then go to mediation. The courts can set that up for you. You need legal advice regarding whether or not you can get anything from that lawsuit. Here's a question for you: Are you ok with him having your son 3 days & you 4 days? How will this work when he is in school? Think long and hard about what is best for your son. If you are almost splitting time with your son, is he asking for more time in the summer & holidays? You need a professional to help you answer some of these questions. Your ex has an agenda when it comes to child support. He is thinking about himself & not your child. I agree your parents need to be paid back first, they may need that money for retirement or medical bills. They take priority over his credit cards.

I wish you the best! There is nothing easy about divorce.

Good luck & God bless!

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