Welcome to the
Marriage Builders® Discussion Forum

This is a community where people come in search of marriage related support, answers, or encouragement. Also, information about the Marriage Builders principles can be found in the books available for sale in the Marriage Builders® Bookstore.
If you would like to join our guidance forum, please read the Announcement Forum for instructions, rules, & guidelines.
The members of this community are peers and not professionals. Professional coaching is available by clicking on the link titled Coaching Center at the top of this page.
We trust that you will find the Marriage Builders® Discussion Forum to be a helpful resource for you. We look forward to your participation.
Once you have reviewed all the FAQ, tech support and announcement information, if you still have problems that are not addressed, please e-mail the administrators at mbrestored@gmail.com
Previous Thread
Next Thread
Print Thread
Page 130 of 142 1 2 128 129 130 131 132 141 142
Joined: Aug 2007
Posts: 1,900
J
Jamesus Offline OP
Member
OP Offline
Member
J
Joined: Aug 2007
Posts: 1,900
Originally Posted by MrWondering
I forgot to ask...

Was who gets the Tax deduction for your son addressed?


Since you are near 50-50 custody I wanted to let you know that IF you ever manage to obtain 183 nights with your son in a non-leap year and the tax deduction wasn't specifically allocated in the divorce decree (with a requirment that she or you sign the required form allocating such deduction)...then YOU can take the deduction.

The IRS allocates the deduction to the parent with jt custody that obtains 50% plus one night more than the other joint parent.

Hopefully...since you make more money...your attorney got the deduction for you and put it properly in the settlement agreeemnt (including the requirment that she sign the form each year giving you the deduction regardless of nights with her)

Mr. Wondering

Ok.. lots to address in this one.. I'm looking I believe the number was 178 nights/year which is darn close to half. The tax situation was addressed though, as part of negotiations I get to claim him every other year, however one of the 'creative' things we did regarding the debt was that the 'difference' in me filing single and me filing with him on my taxes every other year gets contributed towards her portion of the marital debt.. it's a little odd I suppose but was a concession I'd make given that with my tax bracket the 'difference' amounts to about $100 every two years.. the custody agreement was worth it. I do wonder though that if I owe, does that mean she owes me? Hmmm..





Me - 32
DS - 5
DD - 13
DSD - 9
D final 12-8-08
Joined: Aug 2007
Posts: 1,900
J
Jamesus Offline OP
Member
OP Offline
Member
J
Joined: Aug 2007
Posts: 1,900
Originally Posted by sdguy038
Quote
You just show me and SD the bucket they're waiting for us in!
Dude . . . you're a bass player. With brains and a solid career on the side. How much help do you need? It's us broken down old guys who haven't dated in multiple decades who need the help.

Having said that, once your head clears you will start to see the opportunities. There's no rush.

You're right SD.. and honestly I'm in no hurry.

I'll leave a few for you, but you and I -are- going to have to go on a 'fishing' expedition next time you're in the windy city. I'll make the drive.. there's a nice little pizza joint off Wacker and Michigan that I need to get back to.



Me - 32
DS - 5
DD - 13
DSD - 9
D final 12-8-08
Joined: Oct 2005
Posts: 6,025
M
Member
Offline
Member
M
Joined: Oct 2005
Posts: 6,025
Email me on that question with a little more detail perhaps. I'm not sure which years your talking about and whether there is an opportunity to game it a bit.

I also wonder whether the agreement requires you to sign the proper forms in "her" years.

Mr. Wondering


FBH(me)-51 FWW-49 (MrsWondering)
DD19 DS 22 Dday-2005-Recovered

"agree to disagree" = Used when one wants to reject the objective reality of the situation and hopefully replace it with their own.
Joined: May 2006
Posts: 5,463
S
Member
Offline
Member
S
Joined: May 2006
Posts: 5,463
Hello James! I'm so happy to hear that you got the additional time that you were requesting...not exactly the best outcome but super awesome compared to what you had before!

I'm looking forward to hearing the answers to Mr. W and Medc's questions...

Welcome to the world of being single! I have to back up BC's statement of the M feeling like years ago! No drama, more peace!

I have a court date set for March 4th to settle community property. I'm really nervous about it and the only reason we have it is becasue POWS had not responsed to our proposals...I wish I would have been so lucky to have everything settled when I walked out of court like you guys! I really could use some help getting my ducks in a row for that one with the contempt of court and all!


A loving heart is the beginning of all knowledge.
Thomas Carlyle
Joined: Aug 2007
Posts: 1,900
J
Jamesus Offline OP
Member
OP Offline
Member
J
Joined: Aug 2007
Posts: 1,900
Originally Posted by medc
James,

I think this came out as well as could be expected. Are you getting 4 overnights in every 14 day period?? Are the days locked in so you do not have to deal with her too much?

I'm locked in to two weekday overnights per week, and alternating weekends Fri-Sun.

Quote
How about missed time? Is there a clause in the agreement that allows for make up time when it is necessary to miss time due to her schedule?

This is handled by our state guidelines.. and actually several pages back I pasted a portion of an email I had to send to her the first week of October to remind her of this situation.

Quote
Do you plan on going into a Plan B with her now that this is resolved?

I really may take some time to think about this.. honestly I've reached DONE, so my initial gut reaction to this question is 'what'd be the point in it?'..

I did see my ex's coworker friend.. shared an elevator on the way down from the courtroom. I think she was there on other business, not to be a witness as she wasn't there in time to be sworn if she was.. I barely recognized her.. but I said hello.. and she looked at me apologetically.. asked if I was going to be alright.. I just shrugged and said 'Well.. she's your wet baby now.'... her response? 'Heh... yeah.. you have -no- idea.. well.. yeah you do.. I'm sorry.' ... we're on for drinks next weekend. I think she's fishing for some kind of advance warning about her soon to be daughter in law.

Quote
How are medical and other decisions to be made? Do you have any say in those matters or are they left to her discretion?

It sounds like you have 78 days during the 9 non-summer months and then 45 days in the summer. 123 days, while working out to just about 1/3 time is not a bad start considering she has had him out of the house for so long.

It actually works out to 178 I believe the number was.. so just a handful of days under 1/2 which is a really good start. As for medical and schooling etc.. we have joint legal.. I'm keeping him on my insurance, and will be saving almost as much as the $55 per week in support by dropping her and DSD from my insurance.. (the company will force me to do this.. I'd actually still cover DSD if I could.).

Quote
I'm glad this is over for you James. While congratulations on a divorce are never in order..I do think this will allow the next, better, chapter of your life to begin.

When you are ready, there are a lot of good women out there. Learn from the mistakes of this relationship and NEVER allow yourself to settle for a woman like that again. Choose well and your ex wife will be nothing more than a springboard to new and better relationships.

Do not be afraid to talk to your son about this stuff as he grows. He needs to know why his family broke up...and that his dad stood up for HIS best interests. One day he will call his mom to the carpet for her horrible behavior. When that time comes James, be prepared because you will most likely become a full time custodial dad at that point.

I'm 100% in agreement with you here MEDC.. I'm in no rush, and I've learned a lot going through this. I won't be making the same mistakes again.

And it's ok..I know you want to congratulate me on having that 'evil woman' out of my life officially.. go ahead. I can take it.. and I'll thank you in advance for it.


Me - 32
DS - 5
DD - 13
DSD - 9
D final 12-8-08
Joined: Aug 2007
Posts: 1,900
J
Jamesus Offline OP
Member
OP Offline
Member
J
Joined: Aug 2007
Posts: 1,900
Just wanted to take a sec before I got into this next one to give some major hug to Luna... thanks for all your support throughout all this.. you've been a godsend. Things will sort themselves out from this point.. and I'm faithful that I'm on the road to healing fully now.

Originally Posted by BetrayedCajun
Yeah, now that the drama's over with, I think you'll be able to let go of whatever else you were holding on to.

You may not feel like a winner, but you actually did very well.

It's done dude, now go out and make the best of what's left. We still have a lot of good years ahead of us. My EXWW is nothing more than a memory. My marriage now feels like it was a hundred years ago. I like it that way. You will too.

Hey BC.. I think you're right.. I already feel an amazing sense of relief and a weight off my shoulders tonight.

The lack of uncertainty.. and the lack of having to scrutinize the last year and a half of my life to find an advantage I can use to get DS.. well it allows me to turn my eyes towards a brighter future without her in it rather than a broken and shattered history at her hands.


Me - 32
DS - 5
DD - 13
DSD - 9
D final 12-8-08
Joined: Sep 2007
Posts: 862
M
Member
Offline
Member
M
Joined: Sep 2007
Posts: 862
At least its all over now James and you can get on with your life. I can't believe you had WW on your insurance all this time though?

On a totally different note, did you ever run into Shannon Hoon, Axl Rose or Izzy Stradlin there in indiana?


Plan D June 08
Me FBS 36
W 38
Married 13/1/09
The best is yet to come, with or without your WS
Joined: Aug 2007
Posts: 1,900
J
Jamesus Offline OP
Member
OP Offline
Member
J
Joined: Aug 2007
Posts: 1,900
Hey Mr. W.. I'm not really sure about any more detail than I get to claim him every other year.. I claimed him this year, so she'll get to claim him on her '08 return.

Feel free to email me with any specific questions you have about the agreement and I'll let you know what I do.. I should be able to look over the paperwork tomorrow or Wednesday.

Originally Posted by Strivn4Better
Hello James! I'm so happy to hear that you got the additional time that you were requesting...not exactly the best outcome but super awesome compared to what you had before!

I'm looking forward to hearing the answers to Mr. W and Medc's questions...

Welcome to the world of being single! I have to back up BC's statement of the M feeling like years ago! No drama, more peace!

I have a court date set for March 4th to settle community property. I'm really nervous about it and the only reason we have it is becasue POWS had not responsed to our proposals...I wish I would have been so lucky to have everything settled when I walked out of court like you guys! I really could use some help getting my ducks in a row for that one with the contempt of court and all!

Ugh.. fortunately the property thing was settled entirely, and I'm pretty much keeping everything.. so a 'win' there.. sorta.. I'll keep you in my prayers as you work through all that Rin.. but for me, the property stuff was the easy part.

I'll get it all figured out soon enough... but honestly.. right now, I'm just relieved.. I think I'll go next weekend and see if someone can get these rocks out of my back.. till then the chair massager I bought her for Christmas 3 years ago will have to suffice... her loss.. it's pretty thorough.


Me - 32
DS - 5
DD - 13
DSD - 9
D final 12-8-08
Joined: Aug 2007
Posts: 1,900
J
Jamesus Offline OP
Member
OP Offline
Member
J
Joined: Aug 2007
Posts: 1,900
Originally Posted by myfamilyilove
At least its all over now James and you can get on with your life. I can't believe you had WW on your insurance all this time though?

On a totally different note, did you ever run into Shannon Hoon, Axl Rose or Izzy Stradlin there in indiana?

Yup.. I couldn't let DSD go without medical coverage if I could help it.. my conscience just couldn't abide it. WW was a necessary evil to accomplish that at the time.. so you have what you have.

I never directly met Shannon, but having been part of the Lafayette music scene from around '94 on.. I know members of his family and extended family.. I know lots of people who went to high school with him. Oddly enough he was a bit of an enigmatic jock in high school by all accounts.. no 'romantic' rise to rock stardom in the story.. it's just kinda something he fell into from what I understand..

The guitar player in my current band though was one of Kyle Cook's best friends and still occasionally has contact with him which is pretty cool I guess..

Lots of Indiana boys made it big.. but we're still not considered much of a music mecca as it were.. too much corn, not enough liberals.. not that that's an entirely bad thing.


Me - 32
DS - 5
DD - 13
DSD - 9
D final 12-8-08
Joined: Dec 2008
Posts: 1
S
Junior Member
Offline
Junior Member
S
Joined: Dec 2008
Posts: 1
You may be really surprised that he had her on the insurance up untill now, but he had no legall ground to take her off untill the divorce was finnal. If he had, then he would have been liable for "all medical bills" up untill the day of divorce, benn there did that and had to pay...Amazeing how many of you people act like you know the law....Internet forum Attorney's, that's funny

Joined: Oct 2007
Posts: 2,390
C
Member
Offline
Member
C
Joined: Oct 2007
Posts: 2,390
And what about John Mellencamp???

hug Glad things were acceptable to you. It seems that you did better than maybe you thought possible. Foxy's right - they're never perfect.

I'm probably the next one to pull in at the D Station and get off. In a way I envy you (it's over) and in a way I don't (it's over). I just hope the peace is worth the price paid by all.

hug to you. You made it.......

And I have the most wonderful 27 year old that works for me. I would adopt her if I could. We're just a 2-3 hour drive East. She might even like a BSBP....



BS - me 56
XWH - 57

12/25/06 - Dday - WH promised NC. Plan A in effect. Thought we were in recovery.

6-3-07 - Dday#2 Found out NC never took place and A never ended. Found MB NC promised again, but WH would not write NC letter.

9/07 - Dday #3. Still lying and sneaking around. Plan B implemented
WH wants nothing to do with me

Divorced as of 12/09 after 36 years
Joined: Aug 2007
Posts: 1,900
J
Jamesus Offline OP
Member
OP Offline
Member
J
Joined: Aug 2007
Posts: 1,900
Originally Posted by ChaiLover
And what about John Mellencamp???

hug Glad things were acceptable to you. It seems that you did better than maybe you thought possible. Foxy's right - they're never perfect.

I'm probably the next one to pull in at the D Station and get off. In a way I envy you (it's over) and in a way I don't (it's over). I just hope the peace is worth the price paid by all.

hug to you. You made it.......

And I have the most wonderful 27 year old that works for me. I would adopt her if I could. We're just a 2-3 hour drive East. She might even like a BSBP....

Haha.. ol Johnny Cougar. I think you're not allowed to claim Indiana citizenship without having officially met the guy.

Actually we considered recording at his studio outside of Bloomington, which is about 15 minutes away from where my business partner (audio reinforcement company) is getting ready to buy a house.

hug I'm sorry that you look to be the next one on the line, but I -can- promise you that there is relief on the other side. The last couple of weeks are difficult for sure, and a total mixed bag of emotions.. but honestly.. even just 12 hours later, I'm feeling an amazing sense of peace, calm, and relief.

Of course.. it could just be that I'm tired enough to sleep for a month.

I'm sure though my experience won't be all that divergent from what others here have gone through.. I'm sure I'll have my moments, but I have to say that I honestly think things are better for me this way.. No more limbo.. no more wondering what's going to happen.. no more playing the what if game.

Peace is around the corner Chai.. if it is unavoidable, choose to embrace it. hug


Me - 32
DS - 5
DD - 13
DSD - 9
D final 12-8-08
Joined: May 2006
Posts: 5,463
S
Member
Offline
Member
S
Joined: May 2006
Posts: 5,463
Quote
I'm sure I'll have my moments, but I have to say that I honestly think things are better for me this way.. No more limbo.. no more wondering what's going to happen.. no more playing the what if game.

There you go, you summed it all up right there...it's set in stone and there's no going back and changing that...becasue YOU know that YOU are not going to do anything to mess that up...EXWW on the other hand has a good opportunity to mess up her end and all the better for you...

I was hit with so many idle threats and lies that it was extremely hard for me to keep my head on straight...had to come up with a long list of witnesses to prove that his lies were indeed not valid... thank God for MB and all of the posts that I had too, to refresh my memory with dates and times of his stuff he pulled...MOF, the more I think about it the better I feel about going to court...especailly after the conversation that OS and I had tonight about his dad...which I posted on...it's been a long time since I've had to post my stuff in this way...

Actually, it occured to me that I'm BACK in that What if stage...Jesus, I haven't been here in a long time...I think you said earlier that it was the mental fatigue...POWS tires me out easily...the financial stuff is the last of the enmeshment, you know?


A loving heart is the beginning of all knowledge.
Thomas Carlyle
Joined: Sep 2005
Posts: 10,044
M
Member
Offline
Member
M
Joined: Sep 2005
Posts: 10,044
Okay James...congrats!!!!!!!


I didn't realize you were getting Sunday overnight as well.

I'm still not seeing how they got to 178 given what you laid out. That is basically a one day with her..one with you scenario...and except for 25% of the year, you don't have that.

You will be fine James. This really will be the start of a better life for you. Kiss her sad, miserable, cheating asss goodbye.

Please be aware that there is a pretty good chance she will be getting "married" sooner rather than later. Just be prepared for it. It may impact your child support obligation as well...depending on how your state factors income.

Last edited by medc; 12/09/08 06:38 AM.
Joined: Aug 2007
Posts: 1,900
J
Jamesus Offline OP
Member
OP Offline
Member
J
Joined: Aug 2007
Posts: 1,900
Originally Posted by medc
Okay James...congrats!!!!!!!


I didn't realize you were getting Sunday overnight as well.

I'm still not seeing how they got to 178 given what you laid out. That is basically a one day with her..one with you scenario...and except for 25% of the year, you don't have that.

You will be fine James. This really will be the start of a better life for you. Kiss her sad, miserable, cheating asss goodbye.

Please be aware that there is a pretty good chance she will be getting "married" sooner rather than later. Just be prepared for it. It may impact your child support obligation as well...depending on how your state factors income.

Actually I'm not getting Sunday overnights, however the situation is different in that when there is a true joint physical custody situation, typically the only 'extra' time for either parent is the holiday schedule. In my case however I made sure that she stipulated that I get what is guaranteed in the parenting time guidelines PLUS 2 overnights per week..

The guidelines change this year because DS turns 5, so instead of 4 weeks Sunday - Sunday per year (28 overnights) I will get 1/2 of the summer break which works out to around 6 weeks or (42 overnights).. now I can take that in 2 segments or all at once, though I have to give her one evening (not overnight) per week and every other weekend during that span.. so it really works out again to about 36 overnights.. In reality.. all that considered I will have DS more than 1/2 the time, though she is still listed as having custody and is thus responsible for 2/3 of his medical out of pocket costs while I will be paying the insurance, and a very modest amount in 'support'.

To be honest with you.. on the custody deal, she got screwed.

And my time with him goes up via the guidelines as he gets older.. as it works out by the time he's an adolescent I'll have him about 2/3 of the year.. that is if he hasn't decided to come live with me full time already at that point.

Basically if you consider it: standard guidelines give me 98 overnights per year.. given that I get an additional 2 overnights each week now, that's another 104 days, minus days that she'll have him due to her holidays and it really works out to more than half the time still.. but we sold it as 178 days on average.


Last edited by Jamesus; 12/09/08 12:03 PM.

Me - 32
DS - 5
DD - 13
DSD - 9
D final 12-8-08
Joined: Aug 2007
Posts: 1,900
J
Jamesus Offline OP
Member
OP Offline
Member
J
Joined: Aug 2007
Posts: 1,900
Originally Posted by Strivn4Better
Quote
I'm sure I'll have my moments, but I have to say that I honestly think things are better for me this way.. No more limbo.. no more wondering what's going to happen.. no more playing the what if game.

There you go, you summed it all up right there...it's set in stone and there's no going back and changing that...becasue YOU know that YOU are not going to do anything to mess that up...EXWW on the other hand has a good opportunity to mess up her end and all the better for you...

I was hit with so many idle threats and lies that it was extremely hard for me to keep my head on straight...had to come up with a long list of witnesses to prove that his lies were indeed not valid... thank God for MB and all of the posts that I had too, to refresh my memory with dates and times of his stuff he pulled...MOF, the more I think about it the better I feel about going to court...especailly after the conversation that OS and I had tonight about his dad...which I posted on...it's been a long time since I've had to post my stuff in this way...

Actually, it occured to me that I'm BACK in that What if stage...Jesus, I haven't been here in a long time...I think you said earlier that it was the mental fatigue...POWS tires me out easily...the financial stuff is the last of the enmeshment, you know?

hug Oh Rin... I can't imagine what I'd do if I had to go through that again.

The what if part is the worst.. and it does make you completely emotionally and mentally tired.. This will all be over soon for you though right? Then you can reclaim your peace.. I'll try to catch up with everyone in the next day or so.. still trying to get my stuff all sorted and done.


Me - 32
DS - 5
DD - 13
DSD - 9
D final 12-8-08
Joined: May 2006
Posts: 5,463
S
Member
Offline
Member
S
Joined: May 2006
Posts: 5,463
Yep, it will be done! I'm better today, of course the day time is easy...filled with work!

Look forward to hearing from you! wink


A loving heart is the beginning of all knowledge.
Thomas Carlyle
Joined: Sep 2005
Posts: 10,044
M
Member
Offline
Member
M
Joined: Sep 2005
Posts: 10,044
James...I am no math major...but if you take 4 overnights per 14 ay period for 9 months...and add in 36 days for the summer...you are not even getting close to 178 overnights.

It actually works out to be about 114 days. Where are the extra 60+ days coming from??? I must be missing something real simple here...but in order for you to have 178 overnights you would have to basically have equal time with your wife. That is not the case except for three months in the summer.

What am I missing? Do the math my friend.




Last edited by medc; 12/09/08 01:56 PM.
Joined: Feb 2007
Posts: 1,115
B
Member
Offline
Member
B
Joined: Feb 2007
Posts: 1,115
Quote
I get what is guaranteed in the parenting time guidelines PLUS 2 overnights per week..

I think the 2 overnights per week are in addition to every other weekend, so that would be 6 overnights every 14 days.

Is that right Jamesus?

Last edited by BetrayedCajun; 12/09/08 02:29 PM.

BS 33 EXWW 35 DS 5
OM1 9/06 - 03/07
OM2 04/07 - present
Divorced May 8, 2008
Joined: May 2006
Posts: 5,871
S
Member
Offline
Member
S
Joined: May 2006
Posts: 5,871
Well, congratulations and I'm sorry James. You have your son half the year, which is a definite win right now. THat's great! That nice, long stretch of time in the summer is going to be grand, because you'll get that full-time with him. There won't be all that coming and going, shuttling him back and forth. Good quality time.

I know it's not what you wanted, but I do believe that you will look back one day and see how you narrowly escaped from that wretched woman. You are still quite young, and will rebound from this, I have no doubt wink



Me-BS-38
Married 1997; son, 8yo
Divorced April 2009
Page 130 of 142 1 2 128 129 130 131 132 141 142

Moderated by  Fordude 

Link Copied to Clipboard
Forum Search
Who's Online Now
0 members (), 258 guests, and 61 robots.
Key: Admin, Global Mod, Mod
Newest Members
Bibbyryan860, Ian T, SadNewYorker, Jay Handlooms, GrenHeil
71,839 Registered Users
Building Marriages That Last A Lifetime
Copyright © 1995-2019, Marriage Builders®. All Rights Reserved.
Site Navigation
Powered by UBB.threads™ PHP Forum Software 7.7.5