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Family Court Strategies: When Your Partner Has BPD OR NPD Traits. Practicing lawyer, Senior Family Mediator, and former Licensed Clinical Social Worker with twelve years’ experience and an expert on navigating the Family Court process.
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Author Topic: Support Hearing  (Read 575 times)
dt9000
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What is your sexual orientation: Straight
Who in your life has "personality" issues: Ex-romantic partner
Relationship status: Separated
Posts: 51


« on: February 27, 2020, 02:52:24 PM »

I had a hearing yesterday with my BPDex to set child and spousal support during the separation and the divorce process. Up until this point I had been trying to 'work with her' on a financial arrangement, but her demands concerning payment and the amount of $$ requested became absurd. I finally told her I was only going to pay what I was required to pay (it's a straight forward mathematical calculation based on incomes and the number of children we have), and she immediately sued for support.

During the hearing she kept trying to bring in extraneous details about the separation ('I had to buy a separate cell phone and phone plan because he could trace my calls on my other device' and other such BPD nonsense). The domestic relations person had to keep bringing her back by saying 'thats not something we address during a support hearing'. She also claimed that I had agreed to pay for 'all of her expenses' and when the staff asked to see that agreement in writing she had to backtrack and cover. I never agreed to anything like that. Ugh.

As the conference was winding down, it became clear that she would be receiving less $$ from me than she was expecting, and much less than I was providing previously. Her demeanor changed from laughing and joking to very quiet with short answers. I'm sure she is going to appeal, which is going to waste more of my money on legal fees.

I was scared to go through the hearing, but in the end it wasn't that bad. It seems there are protections in place for both parties. Her posturing and BPD nonsense didn't gain any traction during the hearing, which pretty much shut her down. It seems like a small victory in what is becoming a long, nasty, drawn out, expensive battle to extract myself from this marriage.

dt9000
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worriedStepmom
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What is your sexual orientation: Straight
Who in your life has "personality" issues: Romantic partner’s ex
Posts: 1157


« Reply #1 on: February 27, 2020, 03:04:33 PM »

I'm glad it went well for you.  You might want to talk to your lawyer about when you can ask for lawyer fees.  If she appeals this - a case that is very straightforward - and loses, it seems reasonable that you wouldn't have to pay the legal fees.
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ForeverDad
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Gender: Male
What is your sexual orientation: Straight
Who in your life has "personality" issues: Ex-romantic partner
Relationship status: separated 2005 then divorced
Posts: 18679


You can't reason with the Voice of Unreason...


« Reply #2 on: February 27, 2020, 04:29:05 PM »

A comment about legal fees.  Always be clear what is being discussed.  Does it include the court's costs, often quite low?  Does it include the lawyers' bills, generally quite high?  Or both?

This is similar to a father agreeing to pay the school expenses.  Is it any and all expenses?  It pays to detail what the agreed upon obligation includes or doesn't include.  Here's a story recounted many years ago warning us not to make too many assumptions lest we get stuck.

In any deals, make sure you know what the maximum costs are, set price limits to the local inexpensive comparables.  There was one dad here many years ago who agreed to pay "school expenses", figuring they would be only a few hundred dollars per year in the current public school system.  Ex then immediately enrolled their child in a private school and he got stuck with high tuition costs and the court just looked at him and essentially ruled, "You agreed she would handle school decisions and that you would pay the costs, you're stuck."

A final thought... While your stbEx did not get what she felt she was entitled to or deserved, you are right to expect more attempts like this.  She will try again and again.  In her mind, "whatever works".  My story, at the start of my separation and divorce she was charged with Threat of DV.  She never pursued making DV allegations against me except for one weak attempt years later when trying to block me from getting full custody of our son.  However, she quickly discovered that just about any type of child abuse claim immediately got the professionals' attention.  Yes, the claims were virtually endless for about 4-5 years.
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livednlearned
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Gender: Female
What is your sexual orientation: Straight
Who in your life has "personality" issues: Family other
Relationship status: Married
Posts: 12865



« Reply #3 on: February 29, 2020, 07:40:57 AM »

It's an important moment  Doing the right thing (click to insert in post)

The system worked the way it was supposed to.

She may try to bend it in her favor, and she may also look for other ways to manage her pain.

Has your lawyer indicated what happens next?

Stonewalling and obstructing even after an agreement can be a sideshow all its own.



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Breathe.
MeandThee29
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What is your sexual orientation: Straight
Who in your life has "personality" issues: Ex-romantic partner
Relationship status: Divorced
Posts: 977


« Reply #4 on: February 29, 2020, 03:18:51 PM »


Stonewalling and obstructing even after an agreement can be a sideshow all its own.


Don't I know. Things that should have been simple are twisted and blown up.

I was so naive to think that close-out would be different than the process. Nope.
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dt9000
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What is your sexual orientation: Straight
Who in your life has "personality" issues: Ex-romantic partner
Relationship status: Separated
Posts: 51


« Reply #5 on: March 02, 2020, 10:23:57 AM »


Has your lawyer indicated what happens next?


As FD has experienced, I have been the subject of several false abuse allegations. BPDex discovered that an allegation of abuse gains traction quickly. So my next steps are a PFA hearing in a few weeks and then a custody hearing at some point this spring. BPDex was ordered to take our children to a therapist for reunification therapy (reunify them with me, I have a separate thread about this) and she has failed to schedule an appointment for 4 months. We've petitioned for her to be held in contempt a few times, then she does just enough (like placing a phone call to the therapist) to avoid contempt charges. It's clear she has no intention of complying with the court order for reunification therapy. So that will be our leading argument for the upcoming hearings. I.e. dad is making every effort to get his children the therapy they need while mom is blatantly ignoring a court order and preventing it. We'll see what happens, but it seems like a sound argument.

dt9000
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