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What do you say to a SM when.....

katietome's picture

I've been spending my afternoons at the pool for the past few weeks. Not really my favorite place in the world, but my DD wants to go and it's summer. I usually take school reading with me, 'cause there is *not* enough time in the world to get it all done.

So yesterday I was sitting in my camping chair reading a law book (does NOT qualify as "light summer reading") when another mom comes up and we start chatting. I've seen her around several times and we've chatted a few times. Turns out she is a SM and they (she and her DH) have been in and out of court over the past few weeks/months.

They have a ton of kids between the two of them, but 3 are her step kids. She is lucky on one account; in public these kids are great. They are very respectful to the SM and to the life guards. She said they have their problems at home, but all in all are about the same level as her own birth kids. They have 50/50 custody of the steps. The BM on the other hand is a handful.

The BM keeps taking the father back to court for various reasons.

First, it was the bedroom situation. She didn't like the fact that each of her children didn't have their own rooms. The SM has a 7yo DS and a 7yo SS and the boys share a room. Evidently the boys are best friends and *love* to share a room as brothers.

Then, it was that the SM was undermining her as a mother. Turns out the SM was tutoring the middle child, a girl, who was 2 grade levels behind in math. The SM is a teacher for heaven's sake!! She was using a great book that the local school district does *not* use and it was helping the kid. By the time they were seen in front of the judge the kid was only 1/2 a grade behind. This is a problem........ why?!?!

This last one takes the cake, IMHO. The BM sued for a CS review. The father paid (before last week) a negligible amount a month in CS. He has the kids 50/50, EOW (is that Every Other Week?), 2 week summer holiday, 1/2 Christmas holiday, and they split Fall/ Spring Breaks, and it works out to be about 1/2 the year. He makes a bit more than she does, so he pays a small amount of CS. Turns out their lifestyle (SM & Dad) is *much* higher then BM's and she wasn't okay with that. (insert eye roll... 2 incomes vs 1 income... do the math?!) So what does the court say: Since SM is receiving SS income for her deceased husband's children it actually equals "3 incomes". Now the state is including ALL of the applicable income for the house for the CS order. They can't count the SS income, but they "can" count HER income. Now the CS order is more than doubled because they don't need as much to live on.

I asked her about their legal representation and she said they have a good attorney and he is appealing. They have to pay the new amount until the appeal is heard. It isn't looking like that will be before Sept at the earliest.

What on earth do you say to that?

I told her to come here and she would get some *really* sympathetic ears.

Kate

Step-Volgirl's picture

You say, "That sux. Let's get some wine and talk some more."

Another SM as a friend?!?! Isn't that every SM's dream come true?

herewegoagain's picture

Sick, just sick. My sister is an accountant...hottest degree today...she still works for peanuts and has done nothing to improve her economic situation...Her ex had custody of kids, but she got 1/2 of everything and didn't pay CS...crazy courts!!!

herewegoagain's picture

PS where I live most divorced women with kids have a house AND a beach apartment...Because usually their house was paid for because many either used their income to buy a 2nd home while their ex's used their income to pay the primary home and home bills or they received them as inheritance...the CS courts give additional money from CS for housing, private school and medical, most women purchase a beach apartment and claim that mortgage as their true home to get the housing extra money in CS. I know two women with jobs that pay them around 20USD per hour and they have 3 homes!!! The ex? Usually living alone or with their parents to make ends meet.

bug's picture

That sucks. DH has ss the majority of the time the kid is awake. The only reason ss is with bm more is because he sleeps over there five nights a week. Kids do not cost money when they are sleeping. When he is awake during the day he is with us. Yet DH pays her hundreds in cs.

oldone's picture

I'd go live in a hovel and claim that as my "standard of living" if crazy ass BM tried to get MY money. Or else hire a hit man.

katietome's picture

This is what I told her I would do!! I'd divorce him or legally separate.

She did say that they were completely separating finances. She has everything from her deceased husband's estate separate, but they had joint checking accounts and retirement accounts.

Just another reason to keep accounting totally and completely separate. Have a joint "household" account for bills and whatnot.

Kate

katietome's picture

"uhhh just how does the courts count an Soc Sec/SSI check as part of the household income .. somebody better be screaming about that especually since that is for a disabled child based off of his parents income? something aint right . the SS of a CHILD that has nothing to do with this matter"

The SS for the kids is the SS payment from her deceased husband's money. The court didn't count that, but instead said since "they" the SM and dad received that money it (the court) would count SM's income.

Just stupid.

Kate

Shook's picture

LOL our BM tried doing that. She said I'm "gifting" DH. This actually came up in court. One of the many monthly court dates. I should be a legal assistant by now. Of course it was ridiculous but she wanted to see MY tax records & my income statements. LOL Good luck on that BM. Good luck.

SanAntonioSoccerMom's picture

Stepmom is not a legal party to the case nor is she legally responsible for the stepkids. Her income should not have come into play, and I really find it odd that it did. Thank God for the appeal.