DH

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Nothing positive to report.

Nope.

Nada.

Zip.

But plenty to report, all the same.

A week ago, I received a letter from the Family Assistance Office ordering me to lodge detailed profit and loss statements with them within 21 days.

I telephoned them to find out why, and to ask for an extension, and apparently this is NOT a computer generated review.

Oh no.

“Somebody” had notified them that I was earning money that I was not declaring, and that, consequently, I was fraudulently receiving Family Tax Benefits.

“Somebody”???

You don’t have to be a rocket scientist to work out that it’s DH taking a first, insanely aggressive, step towards reducing his Child Support obligations AGAIN.

I’m self-employed.  And totally disorganised when it comes to my tax returns and book-keeping.

But I’m ANYTHING but fraudulent.

I have declared a projected income which is higher than my real income.  A LOT higher.

So, this “review” will end up being in my favour.

But the process is killing me.

********

When Toto was born, DH refused to even consider a double-barrelled surname, and so, subservient fool that I was, Toto was registered with DH’s surname only (we shall call it “His”).

When Boo was born, I did not want him to have a different surname to his brother (and I was clinically depressed) and so he, too, has just DH’s surname.

My surname is their 3rd name on their birth certificates.

The fact that DH did not financially support the children, or even try to see them when they were very small, prompted me to change their surname to “Mine-His” before they were even in school.

By the time they were in school, they were registered as “Mine-His” in a category called “Known As”.  In other words, their birth certificate and passports have “His” name on them, but everything else has “Mine-His”, including all communications with the Department of Education.

When DH started all of the legal stuff, I tried to include an official “change of name” in the orders.  DH refused.

He makes a huge deal out of calling them by his surname only.  Which upsets the boys enormously.

Well…. Boo’s school for next year has told me that they refuse to call him “Mine-His” unless they have a stat-dec signed by both parents.

Nevermind that he sat their entrance exam as “Mine-His”.  Never mind that ALL his school records are “Mine-His”.

No, they’re standing their ground.

And Boo is devastated.

I’m waiting to hear back from the Headmistress about it… but it doesn’t look good.

Why should he have to suffer like this?  Don’t they realise that it’s THEY who are changing his name?  Not me!

One of my brothers changed his christian name when he was in Kindergarten.  He literally came home and told my parents that his name was now something else.

He did not change it by de-pol until he was an adult, but was “known as” his new name all the way through school and university.

I do not understand why this school has taken such an officious stand on this simple problem.

So…

… it’s adjourned to Sept 2.  And, if my lawyer’s assistant had done her job properly, it could have been far later than that.  She seemed to not understand that a longer adjournment works better for our case.  Hmmm.

And the Independent Children’s Lawyer has been changed.  Without any notification to us.  The new lawyer told my lawyers’ assistant that she will be seeing the boys… but I am confused about this as one would think she should have seen them before the last two hearing dates.

DH’s lawyer has given us orders that they want me to sign… giving him a unacceptably larger proportion of time with the children from the beginning of the school term in 2011.  Orders that I will not agree to.  And that the new Independent Children’s Lawyer has said that she will not agree to either.

So.. it continues.

More precedent to support DH’s outrageous claims…

“Mother on bond for ignoring access order

Kim Arlington
July 19, 2010 – 3:00AM

A mother has been placed on a two-year good behaviour bond for ignoring court orders giving her former husband access to their children.

Known by the pseudonyms Mr and Ms Demarchis, the couple separated in 2001. She won custody of their three children, and a court ordered they spend regular time with their father. But Ms Demarchis repeatedly contravened the orders and the father has not spent time with his children since August 2008.

”This is a most complex, difficult and ultimately sad case,” the federal magistrate Evelyn Bender said.

The parents do not speak and want to avoid any future interaction, the Federal Magistrates Court in Melbourne heard.

The children, now aged 19, 15 and 11, did not want to spend time with him. They described their father as selfish, rigid and uninterested.

”It was the wife’s evidence that she has, over the years, tried to encourage the children to have a positive relationship with their father, but that his ongoing lack of interest and participation in their lives has resulted in the children making the decision that they no longer wish to spend time with him,” Ms Bender said.

Mr Demarchis, however, did not concede that his behaviour or parenting style contributed to the breakdown. (my emphasis)

Although the court directed Ms Demarchis to make sure the children’s mobile phones were charged and had enough credit to speak to their father each Wednesday, she failed to facilitate and encourage the calls.

She failed to make the children available for visits with their father, taking them to the beach and, on one occasion, avoiding him by driving to a town the children randomly entered into their sat nav.

An independent family consultant reported that the children’s reluctance to spend time with their father was due to his lack of emotional availability and rigid parenting style, but also the mother’s failure to support their relationship with him.

”The way forward in this matter rests very much in the attitudes of the parents and in their ability to accept responsibility for their own behaviours,” Ms Bender said.

She put Ms Demarchis on a good-behaviour bond, to pay $3000 for any breach, and ordered Mr Demarchis into counselling to improve his parenting strategies.

This story was found at: http://www.smh.com.au/national/mother-on-bond-for-ignoring-access-order-20100718-10g3g.html”

… but this time from my side.

My lawyers’ 92 year old Grandmother passed away on Sunday, and she will be in country Victoria for the funeral tomorrow and therefore unable to represent me in Court.

Apparently DH’s lawyer has said that they are going to make us an offer (umm… you’re cutting it a bit fine here!) which we will then read and refuse.

The problem with all of this though, is that it becomes a tennis match of lawyer-to-lawyer lobbing, and quickly becomes another $10,000 – $20,000 bill.

The thought of which makes my head spin and sends me rocking in a corner.

Adjourned…

After 5pm on Friday a flurry of emails were sent to my lawyer.

Who was not in her office.

So, late last night, when I got home from a full-on day learning the business side of the photography business, I found a flurry of emails in my inbox regarding today’s court hearing.

DH’s lawyer asked my lawyer to speak for her and to ask for an adjournment for 3 weeks as her “client may reach an agreement”.

This is the second time she’s done this.  Not appeared (so DH doesn’t get charged) but asked my lawyer to appear for her (which I have to pay for).

Also, a lawyer calling herself the boys Independent Children’s Lawyer, but who is not the lawyer that we know, sent a new lot of “orders by consent” ordering a SECOND independent expert to be appointed to review the subject and decide upon what’s best for the children.

And ordering that I pay for half of her report.  $3,300.

Which would be okay if it wasn’t for the fact that we HAVE a court-appointed psychologist’s report stating STRONGLY that the children should have less time with DH, and that he should attend parenting classes (which of course he has not done), and the children’ lawyer herself (the original one) had very strong opinions that it was NOT in the boys’ best interest to spend more time with DH.

DH and his lawyer are “expert witness shopping”.  Asking for more and more opinions until they get one that agrees with them (they requested that the Children’s Lawyer do this at our last failed attempt at mediation).

And it’s OBSCENE that our system not only allows him to do this, but insists that I pay half of the costs of his abuse of the system.

So I responded to those emails that I would NOT pay for my lawyer to attend when DH’s lawyer had declared their intention to adjourn.  I also said that I would NOT agree to the consent orders requesting another “expert witness”. I will not put my boys through that experience again, and, furthermore, will not pay for DH’s “expert witness shopping”.

I also passed on information that Toto had given me… saying that his father had told him that his lawyer would not appear for him because he had not paid her in advance.  He said that it would take him 3 weeks to get enough money to pay her (*excusemewhileIvomit*).  So, it’s not an “agreement” that they’re expecting.  It’s purely that DH’s lawyer will not appear for him when he has not paid her in advance.

My lawyer telephoned me early this morning, and agreed with me.  She said that she would let DH’s lawyer know that she would NOT be appearing on her behalf, and agreed that I should not, under these circumstances, agree to the Independent Children’s Lawyers’ consent orders.

So it’s another waiting game.

I’m really angry.

ANGRY that again, I am just a punching bag for whatever suits DH and his lawyer.  Even today’s interraction will have cost me well over $1000.  It’s sickening.

And angry that this is dragging on for my boys.  And that DH thinks NOTHING of putting them in front of more psychologists and lawyers.

So, thanks for the emails and texts.  I’m okay.  Just need to let it all settle.

Well, I guess that’s what happens when you ignore your own blog for more than 2 weeks.

*tsk*tsk*

BlogHer has “let me go” too.  But that was because I unintentionally broke the rules when I wrote my sponsored Honda post.  Fair enough, I guess.

So, if you’re still reading, you’re a good friend.

Or a die-hard.

Things are difficult.

I am SO BORED with writing that sentence.

I’ve been incredibly busy… I went off to Melbourne for a Photographic Exhibition (of the product and suppliers kind as well as the “Photos on the Wall” kind)… am working up to 60 hours a week getting my business off the ground… am struggling with a bulging disc in my back… and with the stress and depression that comes hand in hand with an impending day in Family Court.

The boys seem to be coping well.  I’ve got my head in the sand.  And it’s going to stay there.

Sorry.  I know that doesn’t sound good.  But it’s the only way that I can survive this.

So I plan to come back to this, my safe and supportive place.

But please bear with me while I just take one moment at a time.

The photography job was fantastic.  14 hours of amazing.

But that was only one day.

The rest of it has been hard.

REALLY hard.

Kids really caught in the middle – kind of hard.

Things that send me from normal to crazy in 2 seconds – kind of hard.

Typical DH cruel and abusive treatment of me and the boys – kind of hard.

Stuff I want to forget, so I won’t put here – kind of hard.

But I will say… remember how DH wouldn’t pay Boo’s soccer fees?  Well, when Toto asked him for  money for an Air League camp… he gave him half ON THE SPOT.  Told him to get his mother to pay for the other half, of course, but actually gave him money.

Poor Boo INSTANTLY saw it as another display of favouritism.  Which it is.

He’s stopped paying Child Support and has told me that he cannot afford it and will be applying for another Change of Assessment.

This during a period where he has filmed at least 4 national advertisements and 3 print jobs (oh yes, he’s a model with an agent now).  Anyone want to hazard a guess as to how much all of that is worth?  Anything from $12K to $100K depending upon duration of campaign and whether he spoke or not.

So, I have applied for a Change of Assessment with the CSA.  Although god knows how I will cope with that on top of the legal stuff currently going on.

Wish me luck.

I can’t pretend that I’ve coped well with the latest legal news.

In fact, I’ve really come close to absolutely NOT coping.  For all of my experience with this, I just could not see how I was going to make it through this horror once again.

So, for a few days, I let it all be “too much”.

And I’m telling you all so that you don’t think I’m an amazing woman who copes with all the crap that gets sent my way.

I really sometimes DON’T cope.

But for every dark moment, there’s a light moment.  Usually not in equal proportion, of course!  Yesterday I was asked to be a photographer at a significant event on the Sydney calendar.

I’ve been following this phenomenon for years now.  And tomorrow is the first event of it’s kind to be held in Sydney.

And I’ll be there, hiding behind my camera gear, hoping I know exactly who’s who.

Wish me luck!

DH’s silence was because he had called in the lawyers.

Of course.

Got a letter this afternoon.

Court date of June 21.

Yippeeee.

I think I’m going to represent myself.  Dad will support me.  I have exhausted my borrowing capacity with the legal fees already.

And there is nothing new to add to what we’ve already filed.

Here we go again.

oh my gawd….

Under legal advice, I sent DH an email asking him if he had any preferences about Boo’s high school education…

No reply.

Two days later I sent another email.

No reply.

Boo is still stuck… He simply can’t make up his mind.

And, 4 days after I sent his father an email asking him whether he gives a **** about his youngest son’s secondary education, no reply.

But that I could have predicted.

You know what’s really pissing me off right now?

I’m pissed off with friends and family who do not stop to consider that I raise my boys on ZERO INCOME.

Friends and family who KNOW that I receive no Child Support from DH.  And that I have a HUGE debt with my father for rent and legal fees.

And yet they seriously do not treat my photography business as anything more than a hobby.  And they expect me to give everything away to them.  And they also treat me as though I have money to burn.

Seriously…. I feel that I have to spell this out….

I have no husband at home bringing in an income to pay my rent.

I receive no Child Support to pay my rent or to pay for school fees or excursions extras or to buy my children food or clothes or to put petrol in my car.

Nothing.

And every time I borrow money to support my family I am adding to a debt which I have no way of paying  other than earning money MYSELF.  I have no superannuation.  I have no savings.  I have nothing.

AND… I am working 80+ hours a week building a photography business.

Please consider that.

Sorry to push this on my friends and readers who don’t treat me like a millionaire.

But I did need to put this out there.

The era of me being a pushover is over.

I am putting my boys and myself first.

You (irl friends and family who take advantage of me) can all take a solid second.

And it’s about bloody time (if I do say so myself).

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