Your Thoughts on a Plan for Visitations-divorce...

Updated on July 25, 2010
M.R. asks from Austin, TX
10 answers

After 2 years my husband has filed for divorce. We both have met other people and have moved on with our lives. My son lives with me full time and visits his dad usually every weekend depending on the STBE (soon to be ex's) schedule. I pay for everything for my son as the STBE doesn't believe in child support. And for the sake of he not having car insurance have allowed for him to remain on my policy, he does pay his portion every month. Now STBE is moving out of town and will be almost 3 hours away, I don't know if he has a job, I only know he is moving in with his girlfriend and her two children and he moved this week. STBE hasn't discussed any arrangements with me regarding our son....My son has not wanted to go with his father when he comes by to pick him up, last week was the worst as he began crying and literally went and hid from us all. We worked it out and he was fine later in the day about the situation. I told my STBE that if he called and maybe spoke to his son on the phone more and prepared him for visits my son might be willing to want to go with him, but for him to "pop" up out of the blue after almost 3 weeks of not contacting him, was going to be h*** o* our son and as he doesn't want to leave his home, or bed or me and from my boyfriend as he has been a Father to him, they are two peas in a pod, remarkable how well they both get along. My son will tell me "Mama, it is my turn to spend time with "Tom", you get to see him all day, it is guy time now". With STBE moving away permenately, I'm afraid of the situation being as it was last week (with son crying, it was REALLY emotional for all of us, my son acted as he has never before, HE REALLY didn't want to go with his dad, and it tore my heart up to see him go through what he was feeling).
Since the divorce paperwork is at the filing stage, I haven't seen anything in ink as to what he wants in terms of visitation, holidays etc and wanted to gain some insight as to what to ask for going forward.
Some more history...the only reason I didn't file for divorce because, one I didn't have the money to do so and my STBE may have won a lawsuit and will come into some money and he told me he wasn't going to give me any of it because it is his money. I was the one that contact a lawyer for him to proceed with the lawsuit in the first place and stood by him during all of it. When he left and when he decided our marriage was ending did he turn the tables and state the lawsuit money was not coming into my hands at all. I'm not wanting all of it or even 1/2 of it, but I do feel to be entiltled to some of it since for the last year and a half have been covering our combined debt and he hasn't given me any money toward our debt or for our son, not even for shoes or school.
supplies. For the most part, he has seen his soon every weekend and he meet someone living 3 hours away in January and has been traveling to her home with our son every weekend give or take a few where she has come here to our town. I asked him last week what's going on and he only stated he was moving this week and he would take our son and bring him back next Wednesday and hasn't decided how or when he was visiting him since he needed about his new job. STBE stated that he didn't see coming to pick up our son every weekend as it would be "too much driving" for the STBE.

Meeting with a lawyer next week and I wanted to have some ideas with me while I meet with her and decided to write this group to see what the thoughts were with visitation, possible child support, etc.

Thank you in advance for your guidance! Apologies for length of this, I needed to vent a bit....

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So What Happened?

Thank you so much for your positive imput. I treasure your thoughts and appreciated everyone's time with your reply to my question.
So far my lawyer will file a counterpetition tomorrow and we will go from there. She advised me that in the decree she can have him pay for my legal expenses and that the court will order him to pay child support since my son is in my care and has been in my care. Even if my STBE does not have a job, he will have to pay $211. and change per month. Since his lawyer is awaiting the petition from us, we aren't sure yet what he may want. I will know more soon. At least my son seemed fine on this visit and was super happy to be home.
When STBE dropped off my son, his girlfriend was with him as well and she seemed to have given me the cold shoulder (she usually is really nice and we exchange chit chat, not this time), I wonder what my STBE has been telling her...probably something along the lines that I'm the one that won't give him a divorce.
I will keep you posted.
Thanks again to everyone!

More Answers

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M.H.

answers from Chicago on

I don't know what state you live in, but if you are in Illinois, it doesn't matter if he doesn't "believe" in child support..(and it's not a matter of faith, it's a fact)..the state will require him to pay child support up to ten percent of his income, when he gets one. You also don't say how old your son is. It's h*** o* little ones to switch houses, but they do get used it eventually. I would let your lawyer set up the visitation schedule to whatever makes it easier on your son.

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R.D.

answers from Washington DC on

Definitely talk to your lawyer about all of this when you meet next week. Child support is not an option - who cares if he believes in it? He believed enough to lay down and make a child, and that carries a huge financial burden. It is not fair to your son for him not to pay it. Not optional. And he has to support him in other ways too (insurance, day care, extra cirriculars, college, etc...all of that can be put into your papers.) Don't do him any favors. Don't make it a bad relationship, but it sounds like he is telling you how it is going to be, don't let him do that. Good luck!

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J.C.

answers from Anchorage on

First of all, you are doing the right thing meeting with a lawyer. He does have to pay child support, whether he believes in it or not, that is his child and he needs to help support him. He is responsible for half of all the debts, and the assets should be divided about 50/50 as well. visitation can work a number of ways depending on what everyone wants. Many do every other weekend and alternating holidays, along with 6 - 8 weeks during the summer. I know that this is h*** o* your son, but it is important that you encourage a relationship with his bio dad if bio dad is willing. If you deny him that, he will resent you later when he grows up and does not know his father.

Get him off your insurance now, and see if you can get some of the back child support and insurance premiums as part of the divorce settlement. When my parents divorced, in addition to child support my father was responsible for 50% of all medical bills, my mom had better insurance so we stayed on her policy, but if you do not have coverage he could need to supply that for the child as well. Your lawyer will walk you through all of this. You need to get a fare settlement, do not let your Ex make the decisions here, it sounds like he is trying to screw you (doesn't believe in child support!?! It is part of being a father!). You are being way to nice (keeping him on your insurance ect..)it is time to focus on you and your child and make sure you get what you need from bio dad to take care of that child's needs!

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C.S.

answers from Miami on

Also, have your lawyer look into the possiblity of your having a life insurance policy taken out by you on your ex - with him paying for 1/2 of it. In otherwords, you take out the policy - at an amount that covers him for his responsiblities up to whatever age your state requires (18, 21, 24) so that you pay the premiums and he has no ability to cancel the policy - but he pays for 1/2 of it. This is a crucial link that is often left out of divorce settlements.

Consider speaking with a financial advisor if you are uncertain about what expenses you need to be thinking of now. You will save yourself a lot of aggrevation now if your initial divorce settlement is as well thought out as possible.

C.

1 mom found this helpful
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S.S.

answers from Chicago on

Whether there is any settlement money or not you need to see a lawyer about getting child support payments set up. Even if you don't need them for living expenses now your son will need them later. put them away for college etc. If your ex is a good father you should encourage him to stay in touch with your son. it is wonderful that you have a boyfriend who is willing to be the father figure it will help. But you need a solid child support plan put into the divorce papers. it will save you having to go to court later. also don't sign anything at all as to visitation unless you have totally read and agree to it.

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D.G.

answers from Dallas on

Just to let you know - the judge will enforce a child support order on him whether he wants to pay or not. He is required to pay. If you want to sock it away for your son for later on, that's your choice. But take the child support - you never know when you will HAVE to have it. Also - as far as the lawsuit goes - Texas is a community property state. That means everything - with a few exceptions - is divided equally between the 2 parties. I don't know where the lawsuit falls but definitely ask your lawyer. Also - write out what you want to see for visitation with your son and STBE. That way you have it down and don't forget anything when you talk to your lawyer this next week. Good luck and I hope everything works out the way you need them to.

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J.G.

answers from Cheyenne on

You need to get your STBE off your insurance immediately. If he has an accident or gets any tickets, your insurance is going to go up. You are not responsible for covering any of his debts as he is no longer part of your household. You need to put an ad in the newspaper stating you are responsible for your debts only and not responsible for any of his. This person is used to ordering you and others around and having to pay for nothing either emotionally or financially. I would definately ask for child support, medical insurance for the child and pre arranged visitation to include shared expense for getting the child to and from the visitation. Listen to your child, for him to get so upset about going with his dad is a big red flag. Good luck to you and your son.

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R.S.

answers from San Antonio on

From what I understand in Texas...if you get half of what you have together...if you have debt each part gets half the debt...if you have money (like the settlement) you each get half.

My cousin (female) actually had to cash out her teacher retirement and give her loser husband half the money. Because the assets were split in half and he got half of that money.

Make sure you don't sign or agree verbally to any settlement or visitation issues unless your lawyer is there...don't let him off the hook.

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M.H.

answers from Dallas on

Since he will be living 3 hours away you can set up visitation to be 90 days a year instead of the standard visitation schedule.

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M.M.

answers from Austin on

Check out this website. http://texaslawhelp.org/documents/clusters/TX/433/English...
These should help you understand what your rights are and what his rights are. The others are right when they say you need to get a lawyer. I would suggest a mediator as well and would start negotiating there. When I went through my divorce 5 years ago, the lawyers made it worse by planting things in each of our heads. We had already agreed on what we wanted to do but my husbands lawyer tried to make it ugly. Once we met with a mediator, everything ran a lot smoother and ended up costing each of us less money. We just had each of our lawyers review the divorce decree that the mediator had drawn up based on our meetings (there were only 2) and it was done. Then off to court myself to file the paperwork and pay the filing fees. Good luck to you and your family.

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