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Stepmom, CS and visit issues

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What is the name of your state (only U.S. law)? MO

Background: Dad and I were never married, we share a 15 year old girl. I have a few more kids with my husband, he has a few more with his wife. He has visitation of e/o/w, half summer, shared holidays, once a week visits, legally. He is ordered to carry insurance, pay $500 per month in cs, split medical.

What he actually does is take her a couple of weekends a month at most...we switch weekends a lot (by mutual agreement) because of her activities, but many times it is simply because it is hard for him to have her at his home because of his wife (he has said that to me). He hasn't taken her for his mid week in about 6 years, although a couple of times a year he'll call out of the blue and take her to a movie, and that is great! He hasn't taken half the summer in a few years, just e/o/w at most. Basically, we work together very well...He calls whenever he wants more time. We are friendly with no hositilty and both want the best for her. He is a good man and she loves him and his kids.

Sorry for the book. It comes down to these issues: Stepmom is very controlling and since she learned several years ago she cannot control daughter, she spends weekends tearing her down. She hates makeup (which daughter wears very little and none around Stepmom), she hates her hair (stepmom chops her own girl's hair like a boy and hates daughter's long hair), hates her choice of activities (which Dad and I are both in favor of, even though he won't tell her that), tells her kids that daughter loves her other family much more than them, that she doesn't care about them (daughter's siblings tell her that, and Dad has confirmed it). Takes daughter's cell phone and won't let her use it (even to talk to me, which is fine, their house, their rules, but Dad calls daughter on it all the time at my house!). Bottom line, Dad doesn't feel like dealing with Stepmom so he doesn't, and daughter hates going over there. She loves her Dad and siblings, but dreads her Stepmom. Ever since Dad cheated on stepmom for months with one of her friends, she has snapped (who could blame her, but she is taking it out on MY child, her husband's child, an innocent).

I do not interfere in their household and think it is Dad's responsibility, and I do not discuss this with daughter, I just listen when she is upset and direct her to dad, and give her suggestions on how to perhaps spend better time with stepmom. Dad tells me more than I want to know, and I have simply told him that it is hurting him, because he doesn't see daughter much and the visits are full of Stepmom fighting with daughter (daughter just stares at her which makes it worse).

Dad has been out of work 6 months, and stopped paying cs, and didn't even bring it up to me. A few months later I get a check from his wife for $200 less than the amount. He asks me in May to lower it, I said I would consider it and he said the past months obviously would be the court ordered amount. Then I get a check with a memo that said January, and it was half of the new amount he wants to pay, not the real amount. I had been considering just telling him to split her expenses with me and have no formal cs, but that made me really upset, as I feel like I'm being taken advantage of. I have not cashed that check and not sure if I should...any thoughts on that? I know for a fact he is bartending at his wife's family's bar...and he doesn't hide that, and I know it is cash. They also just had another baby...their fourth together, I feel if they can afford that, he can afford cs. He no longer carries insurance (my husband provides it) and I don't bother with splitting copays and stuff, not that much money.

And here's the real problem...when I talked to him about it, he said well, if you want to talk about legal amounts, I could take her half the summer.

I know cs and visitation has nothing to do with each other, but basically he just threatened me to take her (which is legal) if I enforce cs (which is also legal). That will not only make her be with stepmom, but also cause her to get kicked off cheerleading, which she just made for high school, because he will not get her there when she needs to be. He KNEW all this and consented when she tried out.

Given the choice of cs or making her visit all that time, my choice is clear...I'll do without the money. But how do I handle this cs business with the partial checks? Do I accept them? Do I just let it ride (considering he has no intention of legally changing anything) and enforce it later? Do I try offering to split her expenses again? Do I just not care at all? She is expensive (15), but I'll work more to make up the difference...money means little to me but I feel he has a responsibility too.

I am in no way trying to keep her away from his house...she loves spending time with him and her siblings. His wife is mean enough to her for her own husband to tell me about it.

Long, I know...but I tried to answer all your questions right off the bat. Any advice, harsh or whatever, is entirely welcome.
 


Ohiogal

Queen Bee
So what does the court order for visitation state? What does the court order state about extra curricular issues?

You follow the court orders. Did dad agree with the child being in cheerleading? You can file a modification to allow child to be in cheerleading regardless of where she is. Why would missing part of the summer force her to be kicked off cheerleading?
 
Thank you for your post!

The court order states: Wednesday evenings, e/o/w, half the summer, sharing holidays. What actually happens (and it has been this way for years) is another matter.

Court order states that both parties must agree on activities, and it shouldn't be more than one activity at a time unless both parties consent.

Yes, Dad consented to cheerleading, I read him the booklet and offered to give it to him but he said it sounded fine, that he would take her only on weekends during the summer anyway.

She has mandatory cheer practice every day in July. If she misses 4, she is kicked off. Dad lives about 30 minutes away, and will not take her if he has her during the week...not every day. Can I prove this? No, but if history of the last 15 years is any indication, I know there will be days he won't feel like doing it. I'd deal with it and go get her, even though that would mean driving two hours for a practice that is across from my neighborhood. Life goes on if that happens, and I'll do it! Thankfully I work from home. By the way, I know it is stupid for practice to be every day, but apparently the high schools have a regional competition in August and must know their routine and all cheers before school starts in August anyway because they cheer games immediately when school starts. Dad knew ALL of this before she even tried out and consented, and congratulated her when she made it.

I know it is his right to enforce summer visits...as it is my right to enforce cs...but I'm just not sure what the right thing to do is. It seems the easiest thing is to let it go, but I don't want to be stupid either.

I also don't want to make things more financially difficult for him by taking him to court now when he isn't making that much money anway...he did it to me when daughter was eight and my husband was out of work and that was awful...I always try to be a better person...and I think it would be "mean" for lack of a better word to do that now. That is probably stupid.

Ohiogal, do I cash the checks for lesser amounts, even if they have past months on them and say "half of January" when it really isn't? Does that imply that I've agreed to less, or does the court ordered amount stand no matter what the memo says? Do I send it back stating I do not accept?
 

TinkerBelleLuvr

Senior Member
Just keep track of the amounts paid. You don't record "half January"; you record the exactly amount paid.

Now, you can pretty much say little right now - and go for contempt after school starts.

And get any future agreements IN WRITING, along with the requirements of driving child to school every day.
 

profmum

Senior Member
What is the name of your state (only U.S. law)? MO

Background: Dad and I were never married, we share a 15 year old girl. I have a few more kids with my husband, he has a few more with his wife. He has visitation of e/o/w, half summer, shared holidays, once a week visits, legally. He is ordered to carry insurance, pay $500 per month in cs, split medical.

What he actually does is take her a couple of weekends a month at most...we switch weekends a lot (by mutual agreement) because of her activities, but many times it is simply because it is hard for him to have her at his home because of his wife (he has said that to me). He hasn't taken her for his mid week in about 6 years, although a couple of times a year he'll call out of the blue and take her to a movie, and that is great! He hasn't taken half the summer in a few years, just e/o/w at most. Basically, we work together very well...He calls whenever he wants more time. We are friendly with no hositilty and both want the best for her. He is a good man and she loves him and his kids.

Sorry for the book. It comes down to these issues: Stepmom is very controlling and since she learned several years ago she cannot control daughter, she spends weekends tearing her down. She hates makeup (which daughter wears very little and none around Stepmom), she hates her hair (stepmom chops her own girl's hair like a boy and hates daughter's long hair), hates her choice of activities (which Dad and I are both in favor of, even though he won't tell her that), tells her kids that daughter loves her other family much more than them, that she doesn't care about them (daughter's siblings tell her that, and Dad has confirmed it). Takes daughter's cell phone and won't let her use it (even to talk to me, which is fine, their house, their rules, but Dad calls daughter on it all the time at my house!). Bottom line, Dad doesn't feel like dealing with Stepmom so he doesn't, and daughter hates going over there. She loves her Dad and siblings, but dreads her Stepmom. Ever since Dad cheated on stepmom for months with one of her friends, she has snapped (who could blame her, but she is taking it out on MY child, her husband's child, an innocent).

I do not interfere in their household and think it is Dad's responsibility, and I do not discuss this with daughter, I just listen when she is upset and direct her to dad, and give her suggestions on how to perhaps spend better time with stepmom. Dad tells me more than I want to know, and I have simply told him that it is hurting him, because he doesn't see daughter much and the visits are full of Stepmom fighting with daughter (daughter just stares at her which makes it worse).

Dad has been out of work 6 months, and stopped paying cs, and didn't even bring it up to me. A few months later I get a check from his wife for $200 less than the amount. He asks me in May to lower it, I said I would consider it and he said the past months obviously would be the court ordered amount. Then I get a check with a memo that said January, and it was half of the new amount he wants to pay, not the real amount. I had been considering just telling him to split her expenses with me and have no formal cs, but that made me really upset, as I feel like I'm being taken advantage of. I have not cashed that check and not sure if I should...any thoughts on that? I know for a fact he is bartending at his wife's family's bar...and he doesn't hide that, and I know it is cash. They also just had another baby...their fourth together, I feel if they can afford that, he can afford cs. He no longer carries insurance (my husband provides it) and I don't bother with splitting copays and stuff, not that much money.

And here's the real problem...when I talked to him about it, he said well, if you want to talk about legal amounts, I could take her half the summer.

I know cs and visitation has nothing to do with each other, but basically he just threatened me to take her (which is legal) if I enforce cs (which is also legal). That will not only make her be with stepmom, but also cause her to get kicked off cheerleading, which she just made for high school, because he will not get her there when she needs to be. He KNEW all this and consented when she tried out.

Given the choice of cs or making her visit all that time, my choice is clear...I'll do without the money. But how do I handle this cs business with the partial checks? Do I accept them? Do I just let it ride (considering he has no intention of legally changing anything) and enforce it later? Do I try offering to split her expenses again? Do I just not care at all? She is expensive (15), but I'll work more to make up the difference...money means little to me but I feel he has a responsibility too.

I am in no way trying to keep her away from his house...she loves spending time with him and her siblings. His wife is mean enough to her for her own husband to tell me about it.

Long, I know...but I tried to answer all your questions right off the bat. Any advice, harsh or whatever, is entirely welcome.

First off, you have a good working relationship with Dad barring stepmum, which I would give my right arm for! DD is 15 and while her needs are expensive, is it worth a long legal battle with your ex to enforce cs now, particularly when you can do without the full amount with some additional effort on your part. I would cash the partial checks and leave it be for now. Yes, he is taking advantage of you, but by going after CS now when things are tenous with your ex and his employment status (despite having a 4th child!) may blow up in your face. You will hear a lot about CS is the "childs right" etc and all of that is true, but pick your battles at least for now!
 
Thank you to all of you. I appreciate the advice and hope I didn't come across unreasonable, I try very hard to do the "right" thing but sometimes it is hard to know what is "right"!

I can always thank him though for helping me create the most amazing child...despite any problems we have.
 

CJane

Senior Member
Dad doesn't pay through the payment center?

Cash the checks. Accepting them doesn't mean you agree with the amounts.

Wait til August for the child support issue. Then enlist the services of CSE. (Just google Missouri child support enforcement and click the link that starts out www.dss....)
 
Thanks CJane, I will keep that handy. No, he pays me directly...he didn't want garnishment years ago and I agreed because there really hadn't been problems for years. We've had weird periods where a month was late for a while...he had an online banking problem (bank called me to apologize) for a while. For a couple of years it was directly transferred from his bank account to mine and that worked out very well, so going through a third party never seemed necessary.

It never was a court calculated amount either...we agreed on it. I think the worksheet came out to around $700 per month but I thought that was too much (and so did he, lol). Both of us should contribute which is why I thought splitting expenses might work well, but with his wife not approving of her activity choices I don't want to have to deal with that, he just isn't strong enough to stand up for himself or our daughter.

We didn't even have a court order until she was 8...Stepmom took me to court (oh wait, that should have read Dad:)) to establish his rights. CS remained the same as we agreed, visitation was the same (I always agreed to whatever he needed). I got half of college and life insurance policies out of it so at least something good came of it. Then after the order, we never followed it anyway, it has always been pretty cordial...we were friends before he got married, during his separation when he was married, and now we sort of are since I refuse to talk to Stepmom and have for a few years now. Sigh...why can't everyone just get along:)

Daughter realizes none of this, by the way...her issues are with stepmom only...neither of us discuss anything like money or problems with her so that is good. And my husband stays out of it like a good stepdad!
 

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