I’ve kept you in suspense long enough, my faithful readers. You got the bare bones of the judgement almost a week ago so now I’ll fill in the good parts. And they’re really good!
First, the judge considered his resignation letter to be a key piece of evidence in this trial. CF had said in his letter that he loved his job and that location was the only reason he was resigning. This was in stark contrast to the story his attorney tried to paint, which was that he couldn’t handle the new social responsibilities of his position. The judge also noted that while he made mention of needing to be closer to his mother, brother, and sister, he didn’t mention his girlfriend and yet he moved directly into her home. Additionally, he pointed out that CF had been driving 6 hours each way to see her each weekend.
When looking at each of our expenses he noted CF’s share of his rent and utilities, which he classified as “expensive”. His opinion was that CF had the ability to pay and he could have paid me more than he has been. He also outright stated that considering what he has been paying to me it appears that his major efforts and monies have been expended helping his girlfriend and her children. Yes! Vindicated, baby; vindicated!
He labeled my expenses as reasonable, especially considering our standard of living before the divorce. Additionally, he deemed the expenses for Rock Star’s cheerleading as reasonable as well, noting that this was the type of activity that would have been allowed prior to our separation.
I don’t know if I ever mentioned it but his lawyer was big on trying to make my expenses seem extravagant. $90/month on nails! $500/month for cheerleading! $100/month for hair! She’s outrageous, Your Honor! Well, Your Honor didn’t think so!
I was told my expenses seemed reasonable, while his seemed quite expensive and focused on his girlfriend and her kids.
There was some discussion over our opposing expert witnesses. It was brought up that his expert had to throw out one of his tests because it was so obviously fake. He had some of the highest “bad” scores possible when it came to PTSD. The test was deemed invalid. Nonetheless, his expert opined that his job loss came about because of his untreated mental issues and drinking was simply his way of coping with them.
My expert, on the other hand, suggested that he had been able to function perfectly well for 24-25 years after this self-reported trauma. He married, had children, and worked his way up the corporate ladder. His conclusion was that he lost his job due to alcoholism, not PTSD. He had many chances to get help and he chose to refuse them at every turn.
In the end, this is what the judge said: This Court determines that the Husband’s mental health issues were something that he and the family were able to cope with, and that he was able to perform well at work. His exit interview documents are noteworthy in this regard. However, what changed, and what suddenly seemed to necessitate quitting his great job and heading to Kentucky, was his affair with Harley Buttface. When Husband left Whoreville for Kentucky, he immediately moved in with his girlfriend and her children. Adding the stressor of an affair to his personal situation, effectively causing the breakup of his marriage, was a self-inflicted wound that has to be factored in here. Until his involvement with another woman, he was able to find a way to be successful with his employment, working around any mental health issues he had.
In the end the judge ruled that him being intoxicated at work was an intentional act that he had control over and was not due to PTSD or other untreated mental illness. He pointed out that it was treatable in advance and, as my expert said, he chose not to seek help for it.
Thank you, Your Honor! That is the difference between taking his actual wages versus imputing at a higher rate.
Later in the ruling he pointed out that I had tried many times to get him help but I could never get him to stick to long term treatment. So much for being a cold-hearted she-beast who only stayed for the money! In another section he took note of the fact that I made his psychiatrist appointment for him after his release from the psych ward after he wouldn’t do it himself, that I went with him once, and that I found a therapist for him and went with him to all of those appointments.
Also of note was the fact that we were acquiring a substantial nest egg until he walked away from his job and continued his downward spiral. I am glad he recognized that.
The judge believed that I was working to the fullest of my ability and that I was at my maximum earning potential. He tossed aside the idea that I should be working a second job, pointing out that I was taking care of our two teenage children. Then he added that CF could be earning more money. I’m sure that’s not what CF and his attorney wanted to hear.
Finally, right before he announced what he would be ordering CF to pay he really handed his ass to him, noting that the industry he is in by his own words is a family like industry where you move up by being flexible and relocating. He wrote: This is how Husband moved up in the industry, being transferred from place to place, with each stop an opportunity to run a bigger and better plant, and make more money. This is exactly what he did. Now, Husband insists on staying in Kentucky, where he can only produce half of the $200,000 annual salary he was able to earn elsewhere for himself and his family. Accordingly, his insistence on staying in Kentucky keeps him from making approximately $200,000 per year, which he is perfectly capable of doing. He has had other employers call and put out feelers but he refuses to discuss employment outside of Kentucky. He agrees that his salary is all he can earn in Kentucky at this small plant, and he would have to relocate to earn more money.
He admits he was in a relationship with Harley when he resigned his job to go to Kentucky. He admits he went there and moved in with her. He admits that for months he had been driving to Kentucky to spend weekends with her. He admits he rents a nice home with a pool, club house, and four bedrooms, with Harley and her two children.
Husband clearly can earn more salary if he is willing to relocate, which is a norm in his industry, and under the facts of this case, finding the girlfriend to be a major reason for staying in Kentucky, the court will impute income to him of $170,000.00 per year.
Oh, to be a fly on the wall when that decision was handed down. Hey, Harley, look! You’ve got a starring role in your married fiancé’s divorce ruling. Aren’t you special? You are why your fiancé is expected to make more money. You are why the court isn’t feeling especially sympathetic to his plight and his need to remain in Kentucky. You have been found to be a major reason why he’s not meeting his court ordered obligations. Don’t you feel special? I sure hope CF thinks you’re still worth it. On the bright side you can now brag your pussy is worth at least $4600/month.
Ultimately he found him in contempt once again for not paying his court ordered support. He has 45 days to pay me the arrears or he incurs an additional $10,000 fine. He did not find his explanation for the stopped checks credible. In fact, he even said that CF had hurt his credibility with his story of stopping the checks because too much time had gone by and he was afraid they had been lost or stolen. It was such a bullshit story anyway. It didn’t help when I could pull out my log and tell the judge exactly when the checks were written and when they were deposited. In one case only four or five days has elapsed and I had to get the damn check through the mail. He went on to tell him that he thought he stopped payment to be “mean spirited” to me and that if he truly thought something had happened to the checks that was preventing me from depositing them he could have called me and yet he chose not to.
Nothing juicy was written about him paying my legal fees. It was noted that my legal fees came to $26,799.78 and I was asking for him to pay because of our income discrepancy, the fact that his behavior resulted in the divorce, and his income potential. I left out the part about paying for his whore’s divorce. My attorney had cautioned me that he probably wouldn’t give me all of my attorney fees but he would more than likely give me something. Yes, well, it turns out he ordered him to pay me $25,000. He does have a year from the date the decree is signed but he owes me.
The best part though? I wasn’t dinged at any point in this opinion. There was no: She’s obviously a frivolous spender who is asking for way more than she needs. She is fabricating her expenses. Her poor housekeeping skills prevent me from awarding her anything more than a $10/week allowance. She wasn’t credible. She contributed to the decline of her marriage. It was obvious she was there for the money alone and never acted as a wife to him. Nope. My lawyer told me I came across as very honest and very credible. She must have been right because aside from the fact that we asked for $4000/month in spousal support and got $2800 the judgement couldn’t have gone any better!
He now has been ordered to pay me $1000 more per month than he has been paying (or ordered to pay; let’s be real here.). It’s also $600 more than what my lawyer originally suggested as a settlement offer if I wanted to try to settle. He is paying about $100 less than what he was told he would have to pay me when he first visited an attorney way back in August or September of 2015, and $2000 less than he paid in temporary support (at least for 5 months) so I would count that as almost a win for him. I’ll let him have that seeing as how I got everything else.
P.S. He was also ordered to pay 71% of out-of-pocket medical expenses for the kids. That’s going to hurt seeing as I have a high deductible plan. Oh well! That’s what happens when you leave your high paying job with great insurance to be with a whore.