This is My Story

On July 27, 2018 we had a temporary relief hearing with the judge. This is Dee’s sworn in testimony with his lawyer asking the questions. Although the lies are obvious to me, I still wonder if anyone else sees the lies and ‘perfect father’ picture that Dee painted. He fooled the judge this day to believe he was a loving father who was down on his luck who needed financial support form his wife in order to get back on his feet. It makes me wonder….is he really that good at the mask? You decide…

How many children do you have?
A One.
Q And how old is she?
A Nine.
Q Where do you presently reside?
A I reside with my mother at xxx Glennes Lane,
Number 96.
Q And how many bedrooms are in that?
A It’s two bedrooms plus a sunroom.
Q Are there any deed restrictions where you
presently reside?
A Your typical — it’s a 55-plus community.
Q Okay. And what is the condominium
association where you reside?
A I don’t know what their name is.
Q Does this condominium association have rules
and regulations that you have to follow?
A Yes, sir.
MR. B: And let the record reflect that I
am providing opposing counsel with what’s being
identified as Husband’s Exhibit A.
BY MR. B:
Q Can you tell me what that is?
A That’s the rules and regulations of the condo
association.
Q And can you identify it?
A Yes, sir.
Q How can you identify it?
A It says right here.
Q Okay. And is this a true and accurate copy
of the rules and regulations of the condominium
association where you reside?
A Yes, sir.
MR. B: Your Honor, I would move what’s
been identified as Husband’s Exhibit A into
evidence as Husband’s Exhibit 1.
THE COURT: Ms. D?
MS. D: I’m going to have to say that I
haven’t had time to review it. And I don’t see
anything attached to it that actually
authenticates it so I know for a fact that that’s
where it came from. But other than that . . .
THE COURT: Well, those are objections of
authentication, I’m assuming.
MS. D: Yes, Your Honor.
THE COURT: And your response?
MS. D: Made for the purposes of moving
forward.
MR. B: Dee has testified that he is
familiar with the rules and regulations of the
community where he lives, and these are those
rules and regulations. In addition, these are
official records of Hamilton County; therefore,
they are self-authenticated.
THE COURT: Okay. Let me see them.
Ms. D, again, if you’re objecting, just
state your objection. If not, then that’s fine
too. I just want to know are we —
MS. D: Authentication and then
foundation. I understand that — I understand
that the petitioner did testify he was familiar
with these, but unless he is a member of the COA
or the HOA or he signed the lease document —
THE COURT: Again, I’m going to sustain the
objection. And although it does contain “Official
Records” at the top — there’s a book and page —
it also has “Unofficial Copies” watermarked
through them as a — as a resident. I’m not
really sure that can qualify as a custodian of
record to say these are records of the condo.
That doesn’t prevent him, if he has knowledge
of them, to talk about them. Again, I don’t
really — I’m not prohibiting you from discussing,
referencing, refreshing. I don’t believe it’s
authenticated at this point. So we’ll continue to
move on.
BY MR. B:
Q Dee, are guests allowed to stay where
you reside?
A Yes.
Q And are there any age restrictions for
overnight guests where you presently reside?
A No.
Q Are there any restrictions that prevent
children from staying overnight in the community?
A No.
Q So your testimony is that, to your knowledge,
there are no restrictions on the number of overnights
that you can have with having your daughter stay
overnight with you.
A Well, the number of overnights in here is —
she’s 18 and under. There’s a set amount that she can
stay. But she’s allowed to stay. I see children in
the facility all the time.
Q Do other children reside in the community
where you live?
A I don’t think they reside, but they stay
there, especially in the summertime when school is out.
Q And are you currently looking for your own
place of residence?
A Yes.
Q What prevents you from finding a suitable
place to live?
A At the moment, it’s financial. I’m working
on remedying that problem —
Q Okay. And —
A — now that I have a set schedule I can work
around.
Q What has been your typical work schedule over
the past six months?
A Over the past six months? I haven’t worked
very much at all, to be honest with you.
Q And why haven’t you worked very much at all
during the past six months?
A Well, to quote Liv, if I want to see my
daughter, I will make time. And the only time that she
has allotted is Monday through Friday during the day
while she’s at work.
Q Okay. And do you spend time with your
daughter — in the past six months, have you spent time
Monday through Friday during the day?
A Yes.
Q Did you formerly reside in the same home with
Liv?
A Yes.
Q Where did you reside with Liv?
A We were in 3344 wolf chase lane,
Q And when did you last reside at this address
with Liv?
A I think she had me move out the end of
September, first of October.
Q And did you sign a lease agreement for that
home?
A Yes.
THE COURT: That’s September, October 2017?
THE WITNESS: Yes, sir. I think it was like
the first part of October.
MR. B: And let the record reflect that
I’m showing opposing counsel what is being
identified as Husband’s Exhibit B.
BY MR. B:
Q Dee, can you tell me what that is?
A That is the lease we signed when we moved in.
Q And can you identify it?
A Yes.
Q How can you identify it?
A Because I signed it.
Q Is that a true and accurate copy of the lease
agreement that you signed for the home where Liv
is residing currently?
A Yes.
MR. B: Your Honor, I would move to enter
what’s been identified as Husband’s Exhibit B into
evidence as Husband’s Exhibit 2.
THE COURT: Ms. D?
MS. D: I have no objection, Your Honor.
THE COURT: All right. I’ll receive it
without objection. Give me one second to grab my
stamp, though.
Mr. B, I prefer numbers. So it doesn’t
matter.
MR. B: Numbers.
THE COURT: You can keep saying A, but — you
do it however you want to do it, but when I accept
it in, I take it in as a number.
MR. B: Yes, Your Honor.
THE COURT: So I’m just going to take it in
as 1.
MR. B: Yes, Your Honor.
THE COURT: Thank you.

BY MR. B:
Q Dee, are you requesting equal
time-sharing with your daughter?
A Yes.
Q Are you requesting majority time-sharing once
you’re able to have your own apartment to live in?
A Yes, I am.
Q And on a temporary basis, what time-sharing
schedule would work best for you?
A As of right now, the one we mentioned earlier
were Tuesdays and Thursdays and every other weekend
would be best for me at this moment.
Q And every other weekend time-sharing would
include Friday, Saturday, and Sunday overnights?
A Pick her up from school Friday, drop her off
Monday.

THE COURT: May I ask a question real quick?
Sir, as to the —
You may have covered this, Mr. B, so
forgive me for kind of interrupting, but while I’m
thinking about it.
Amber is going to school in the fall. Where
do you — how close do you live to that school?
THE WITNESS: 10 minutes, 15 if I get caught
by a couple of red lights.
THE COURT: Okay. So you live in the same
school district, I assume —
THE WITNESS: I do live just outside the
school district.
THE COURT: Okay. And where is she going to
school?
THE WITNESS: She goes to school in Hamilton.
THE COURT: Okay.
Thank you, Mr. B. You may proceed.

BY MR. B:
Q Since moving out of the home that you are
leasing with Liv, have you exercised any
overnight time-sharing with your daughter?
A No.
Q Why not?
A According to Liv, it is not in
Amber’s best interest for her to stay overnight with
me.
Q Are you able to pick up and drop off your
daughter at the home where Liv resides?
A No.
Q Why not?
A Ever since she had me move out, she put a
camera on the front, and I’m — she doesn’t even like
it if I go onto the property. She takes pictures, puts
it on her phone. There’s videos. I have a friend that
lives in the community. If I visit them, she’s
documenting that.
Q And where do you exchange your daughter for
time-sharing?
A At Walmart.
Q Do you have a consistent time-sharing
schedule with your daughter currently?
A We do now.
Q Before the current time-sharing schedule, did
you have a consistent time-sharing schedule with your
daughter?
A It was fairly consistent, yes. It was Monday
through Friday from like the time she got out of school
until 6 o’clock. And then in the month of June, I
didn’t really see her at all.
Q And would you like to exercise overnight
time-sharing with your daughter?
A Yes, very much. I’ve even communicated that
with Liv before, and that’s when she told me it
was not in Amber’s best interest.
Q Has Liv encouraged you to spend
more time with your daughter?
A Not really.
Q Have you heard Liv say anything
to your daughter about your time-sharing?
A No.
Q And where do you work currently?
A I’m self-employed now.
Q And what is your current work schedule?
A I work Monday, Wednesday, Friday, and
Saturday.
Q And do you make your own work schedule?
A I can, yes. That’s why I’m here today.
Q And the time-sharing schedule that you’re
requesting on a temporary basis would work with your
work schedule currently?
A Yes, very much. When school is back in
session, I can work Tuesdays and Thursdays in the
morning.
Q Do you know what Liv’s work
schedule is?
A It’s Monday through Friday. And as far as
the times, when we were together, she would leave the
house at like 6:00 a.m. and come home at 7:00 p.m. I
don’t know what it is now because I don’t live there.
Q Okay. And what tasks did you normally —
what parenting tasks did you normally take part in
during the marriage?
A I would wake Amber up, feed her, get her off
to school. If she wasn’t in school, I would stay home
with her that day. I would pick her up from school,
take her home and give her a snack, do the shopping,
cook dinner.
Q So you were a stay-at-home dad?
A I was a full-time — I was a stay-at-home dad
and worked part-time. I was Mr. Mom.
Q And how does your daughter act when she is
with you?
A She was kind of standoffish at first, but
then in the past — since this new schedule has come
around, she’s warmed up to me quite a bit, to be honest
with you. It kind of — it’s really nice.

And may I say something about the schedule that we’re talking about?

THE COURT: Your attorney gets to ask you
questions, so I’ll let him —
THE WITNESS: I’m sorry.
THE COURT: It’s okay.
THE WITNESS: This is my first time at this.

BY MR. B:
Q Is there anything that concerns you about the
current time-sharing schedule?
A Well, according to the schedule, I have her
7:30 a.m. to 7:30 p.m. Tuesdays and Thursdays, so
that’s what I’ve been following. So it’s not really a
concern. They’re saying I’m not supposed to have her
until after camp, but on the document that I received
from the other day, it clearly states 7:30 a.m. to
7:30 p.m.
Q And —
A So I don’t want anybody to think that I’ve
been disobeying a court order.
Q After you have spent time-sharing with your
daughter after — you know, recently when she comes to
spend time with you, have you noticed anything
different about your daughter physically?
A Yes.
Q What have you noticed that is physically
different about your daughter?
A She’s lost a lot of weight.
Q And how much weight has your daughter lost?
A Approximately 20 pounds.
Q Okay. And how do you know this?
A Thursday she was sick and I took her to the
doctor and she weighs 82 pounds. When I left, she
weighed 99 pounds.
Q And when did she last weigh 99 pounds?
A It was in October. I know in December she
went to the doctor again. She weighed 95 pounds on
December 17th. And as of last Thursday, she weighs
82 pounds. That is not good.
Q How is your daughter’s hygiene?
A Well, she’s clean, but her hair is never
brushed.
Q Do you brush your daughter’s hair?
A Yes. When she’s over, I brush it all the
time.

MR. B: Let the record reflect that I’m
showing opposing counsel what is being identified
as Husband’s Exhibit — are we on 2, Your Honor?
THE COURT: Yes.

BY MR. B:
Q Husband’s Exhibit 2. Can you tell me what
that is?
A That’s a picture of me and my daughter in my
car.
Q And can you identify it?
A Oh, yes.
Q How can you identify it?
A Because I took it.
Q And is it a true and accurate representation
of you and your daughter on July — in July of 2017?
A Yes, sir.
MR. B: Your Honor, I would move what has
been identified as Husband’s Exhibit 2 into
evidence.
THE COURT: You said it was July 2017?
Dee: Yes, Your Honor.
THE COURT: Ms. D?
MS. D: July of 2017?
THE WITNESS: Yes. I can show you on my
Facebook —
THE COURT: Sir, she’s talking to me.
THE WITNESS: Sorry.
THE COURT: Ms. D.
MS. D: Well, I have no objection to the
picture itself. I have no date on the picture. I
have no way to prove exactly when it was taken.
THE COURT: Okay. I will receive it as the
next item of evidence, Number 2.
And you can cross-examine on it if you need
to.
MS. D: Absolutely. Thank you, Judge.
MR. B: And let the record reflect that I
am showing opposing counsel what is being
identified as Husband’s Exhibit 3.
BY MR. B:
Q Can you tell me what this is?
A That’s a picture of me and my daughter after
her dance recital.
Q And can you identify it?
A Yes.
Q How can you identify it?
A Well, her mother took the picture with my
phone.
Q Okay. And is this a true and accurate
representation of you and your daughter in June of
2018?
A Yes.
MR. B: Your Honor, I would move what is
being identified as Husband’s Exhibit 3 into
evidence.
THE COURT: Ms. D?
MS. D: No objection to the picture
itself.
THE COURT: All right. Received without
objection as Number 3.
And you said this is June of 2018?
MR. B: Yes, Your Honor.
THE COURT: Okay.

BY MR. B:
Q And your testimony was that you brush your
daughter’s hair.
A Yes.
Q So how has your daughter’s hygiene and
physical appearance improved when she’s with you?
A Well, her hair is straight and her weight
doesn’t change overnight. She eats constantly when
she’s with me, so . . .
Q Have you noticed any behavioral issues with
your daughter?
A If I leave the room or go somewhere, she gets
real anxious. I was having an issue going to the
bathroom. So if I go to the bathroom, she’s at the
door within 20 seconds. So we sat down and had a good
conversation, and now I know how to address it so that
I don’t cause anxiety by just walking out of the room
to go to the bathroom. I talk with her first, tell her
where I’m going, what I’m doing, about how long it’s
going to take, and she’s okay.
Q Since your daughter has been spending time
with you, she’s become less anxious.
A Right.
Q How are your daughter’s grades in school?
A Excellent. She’s incredibly smart. She’s
doing so good.
Q Do you help your daughter with her homework?
A When I know she has homework.
Q What other activities, if any, do you engage
in with your daughter?
A I try to get her to go outside and play. I
go to the beach and all of that. And to be honest with
you, she doesn’t want to do much. And I ask her why,
and she tells me — her exact words were, “I don’t want
to have to explain myself to my mother.”
MS. D: Objection. Hearsay.
THE WITNESS: Well, I know, but I’m just
saying — I explain to her —
THE COURT: Guys, during the testimony part
of the court, when there’s an objection, you just
have to wait and stop and the Court gets a chance
to rule. I understand; it’s the first time.
We’ll get there together.
I’m going to sustain the objection as to what
Amber said.
So continue on, Counsel.
THE WITNESS: So do I continue?
MR. B: No.
THE COURT: Your attorney will get a chance
to ask you a question.
BY MR. B:
Q How is your communication with Liv?
A We communicate some, but I’m kind of in the
dark.
Q Okay. So do you know what your daughter’s
schedule is?
A I have no idea where they are or what they’re
doing. The only reason — the only thing — when I see
Amber, I say: “Hey, how it’s been? What have you
been up to?” And then she tells me where they went,
what they did, or whatever. But other than that, I
don’t know anything.
Q What other factors, if any, do you feel are
important to the Court to consider in your request for
temporary time-sharing?
A I’ve been there every day of her life. I
love my daughter more than anything in the world. We
have a great time when we’re together. She’s well
taken care of, well fed. I’m an excellent father.
my daughter loves me — if you could see us together,
you would know.
Q How much do you make per month currently?
A Currently, I don’t know. Last month I made
$900. This month I’m going to make more. But now that
we have a set schedule and my business is starting to
take off, I have something I can work around. I’m good
at what I do. People like me; I’m a nice guy. I’m the
only sober painter I know. And I was taking off. I actually have work
on the books. And, you know, if you ask me that in two
months, I could give you a set figure. But it’s going
to be between 2 and 3,000 a month. I’m guessing,
because I’m only working three days a week, in the mid
2,000s.
Q Okay. And then have you —
MR. B: Let the record reflect that I’m
showing opposing counsel what is being identified
as Husband’s Exhibit — 4?
THE COURT: Yes.
MR. B: 3?
THE COURT: 4.

BY MR. B:
Q Can you tell me what this is?
A This is a financial affidavit for me.
Q And can you identify it?
A Yes.
Q How can you identify it?
A Because I filled it out.
Q And is this a true and accurate
representation of your current financial situation?
A No. At the time — this was a true and
accurate financial thing at the time of filing.
Q Okay.
A But everything fell off, and now it’s
starting to come back.
Q Okay. But currently, your testimony is that
you make approximately between 2 and 3,000 per month?
A That’s what I’m projecting. Right now —
like I said, last month I made $895. The month before
that I made $400.
Q Does your income fluctuate?
A Yes.
MR. B: Your Honor, I would move what’s
been identified as Husband’s Exhibit 4 into
evidence.
THE COURT: Ms. D?
MS. D: No objection, Your Honor.
THE COURT: All right. Received, Number 4
BY MR. B:
Q Do you pay for your own car insurance
currently?
A Yes.
Q How much do you pay for car insurance every
month?
A $89 and change. I don’t know the exact
amount.
Q And do you pay for your own health insurance
currently?
A I don’t have health insurance.
Q What other expenses do you have per month
that are not on your financial affidavit? And feel
free to refer to Exhibit 4.
A Right now I just have cell phone, car
payment, food, things for my daughter when she’s with
me, and insurance.
Q What expenses do you pay for —
A And gasoline.
Q What expenses do you pay for your daughter?
A It depends on what she wants that day, if we
want to go eat something or, you know, take her
shopping, buy something for her, food. I haven’t
bought clothing yet because I can’t afford it, but that
day is coming.
Q On average, how much do you spend on your
daughter per month when she’s with you?
A Honestly, I never kept track of it. I would
just buy her what she wants, and I don’t keep a ledger
of how much money I spend with her.
Q At the end of every month, how much money do
you have left over in a surplus?
A I’ve been working in negative numbers for a
long time.
Q Are you currently paying off your debts now
that you have full-time employment?
A Yes.
Q Do you know how much Liv makes
per month?
A It’s about x,000 and change, I think. It’s
xxish a year. She never has told me her — I have no
idea what her actual finances are except for when you
filed the one thing and I saw a copy of it.
Q Has Liv told you how much she
makes per year?
A No.
Q And are you requesting that this Court award
the appropriate amount of child support based on the
child support guideline calculations in the state
statue
A Yes.
Q Are you requesting any kind of deviation from
the child support guidelines?
A I’m flexible. I mean, I don’t know if it’s
an alimony thing. I don’t really — honestly, I don’t
understand how this works.
Q Are you also requesting that Liv
pay you temporary alimony?
A Yes.
Q And how much alimony do you need to cover
your bills every month?
A About 5 or 600 would cover my deficits for
the moment.
Q What issues need to be addressed between you
and Liv in these divorce proceedings?
A The big one is the time-sharing, a set
schedule. You know, you’ve got her on these days, so I
have her on those days. I’m not asking for any more
than, you know, what’s right.
Q Do you have marital assets that need to be
distributed?
A Not really. There’s not a lot of stuff.
Q And are you also requesting alimony in these
proceedings?
A Temporary. Once I get on my feet, I can
carry my own weight.
Q Are you requesting a contribution to your
attorney’s fees in these proceedings?
A Yes.
Q Okay. And are you able to pay your current
attorney’s fees?
A No.
Q Why not?
A I don’t have any money.
Q Does anyone help you pay for your current
attorney’s fees?
A Yes. I’m borrowing money from my mother to
pay you guys.
Q And are you requesting that this Court award
you your attorney’s fees for up until this date?
A That would be nice, yes.
Q And are you also requesting that this Court
award you prospective attorney’s fees for a trial if a
trial is necessary?
A Yes.
MR. B: If you would give me one moment,
Your Honor.
THE COURT: Absolutely. Take all the time
you need.
MR. B: And let the record reflect that
I’m showing opposing counsel what is being
identified as Husband’s Exhibit 5.
BY MR. B:
Q Dee, I’m showing you what’s been
identified as Husband’s Exhibit 5. Can you tell me
what this is?
A This is how much money I owe you guys.
Q And can you identify it?
A Yes.
Q And is there a retainer agreement in that fee
affidavit that you have signed?
A Yes.
Q And have you agreed to pay reasonable
attorney’s fees for representation in this matter?
A Yes.
Q And is Exhibit 5 a true and accurate copy of
the retainer agreement between you and our firm in
these proceedings?
A Yes.
MR. B: Your Honor, I’d like to move
what’s been identified as Exhibit 5 into evidence.
MS. D: I would like to object on the
grounds that the affidavit for attorney’s fees and
costs is incorrect, being that the person who is
assigned to it is Dean K and Dean K
is also one of the individuals who is supposed to
be collecting on this.
Off the top of my head, I can’t state the
rule, but I do believe it has to be somebody
outside of your firm or somebody who is not
entitled to collect under the attorney’s fees. It
has to be like an unbiased third party.
THE COURT: As to what the fees are?
MS. D: On the affidavit to the
reasonableness and the costs.
MR. B: Your Honor, I would respond that
these are business records from the firm, and
Mr. K is a person with personal knowledge
of the truthfulness of the work that’s been done
in this case and the fee statements themselves.
THE COURT: All right.
MS. D: Well, that is missing the
affidavit of reasonableness.
THE COURT: I am going to admit it over
objection. Again, as to the issue of
reasonableness, it’s something that they can
testify to, or if Mr. B were to testify at the
end, we could probably accomplish that goal.
So I’m going to go ahead and I’m going to
clip it and I’m going to mark it as Number 5, I
believe is where we’re at.
MR. B: I have no further questions, Your
Honor.
THE COURT: Okay. Thank you, Mr. B.
Thank you, Dee.

Below is the opening statement of Dee’s lawyer (Mr. B) from the temporary relief hearing on July 27, 2018:

THE COURT: So, Ms. D, good morning. Where would you
like to start, and what would you like to tell me?
MS. D: Good morning, Your Honor. I
would like to just go ahead and counter point by
point what was already discussed.
THE COURT: I’m okay with that. I prefer you
start with yours, and then you can counter what he
had to say.
MS. D: No problem. Absolutely. The
only things that we were in here to decide, of
course, was our time-sharing. When we were before
you a month or so ago, we had gone ahead and we
had put together a very, very detailed
time-sharing agreement that would allow for
tradeoffs can happen at a certain location, for
Amber to attend camp — that was very, very
important to her — times, so on and so forth, due
to the needs of the child.
THE COURT: Okay.
MS. D: Amber does have issues with
problems in continuity. She does need a scheduled
structure. She’s about to start fourth grade.
And she’s also attending this camp as part of
the social interactive needs of, say, somebody
entering fourth grade —
THE COURT: Okay.
MS. D: — designed to help her make
friends, become more outgoing, so on and so forth.
When Your Honor had made the ruling and we
had supplied the order and it was signed off on,
we had discussed very specifically certain terms
of which the petitioner has not abided by thus
far.
THE COURT: Okay.
MS. D: So in that regard, we’re going to
need to look for something with, I guess, more
specificity. I am not sure if you recall, but you
have a good memory.
THE COURT: I recall — I guess what I
remember the most is the gate key access. That’s
kind of what brought me back to you guys. I mean,
everything kind of came back from there. I know
we haven’t talked about that yet.
MS. D: We had talked about the summer
camp. Then Liv had gone ahead and signed
Amber up for it. This is something that she had
to sign up for in April.
The summer camp is designed to take kids on
outings on certain days of the week. One of those
days is Tuesday.
THE COURT: Okay.
MS. D: The outings include things like
the aquarium, a baseball game, doing things where
she actually gets to sit on a bus and interact
with other kids, which of course is paramount to
her development.
We had discussed the time that camp ends, and
you had said specifically in your ruling that the
petitioner is well within his rights to, when camp
is over, go and pick her up, and Tuesday evenings
would be her day. That has not been what’s
occurring.
THE COURT: Okay.
MS. D: He has been picking her up at
8:30 every morning as soon as Liv drops her
off, meaning now Liv has been paying for a
summer camp that she can’t get her money back for.
THE COURT: Right.
MS. D: And Amber is missing out on the
developmental aspects of the summer camp for which
the whole thing was designed.
So as though that portion was not enough, in
your case, just like in every other family case,
we always have a temporary standing order, how
things should, you know, go down. In the
temporary — I’m sorry, sir.
THE COURT: Would you like a bottle of water?
MS. D: Oh, my gosh, that would be
amazing.
(A very brief break was taken at 9:55 a.m.)
MS. D: Going back to the standing
temporary order in all family law cases, in that,
of course, it’s basically, in broad strokes —
THE COURT: I’m kind of familiar with it.
Unfortunately, I don’t know if — so there’s an
issue. I don’t think one has been filed in this
case, not that I know of.
MS. D: There was. There was. It was
brought to my attention in the initial —
THE COURT: And it’s maybe a notice too; it’s
not really an order. That’s what the issue has
been about it.
MS. D: That absolutely makes sense.
However, at the onset of this case —
THE COURT: Right.
MS. D: — I had reached out to opposing
counsel, not this gentleman —
THE COURT: I remember there was a female
here.
MS. D: Well, and it was actually I think
the head of the firm.
THE COURT: No, it wasn’t Mr. K. It
was —
MS. D: Well, he was on there —
THE COURT: Oh, I got what you’re saying.
MS. D: — at the inception of the case.
And I reached out only to negotiate things like
the car insurance, you know, things of that nature
so we didn’t have to actually come in here and
litigate, you know, how Amber was going to have
her braces paid for —
MR. B: Your Honor, I would object to
discussion of any settlement negotiations between
the parties.
THE COURT: Well, I think it’s just temporary
issues they’re trying to discuss. You kind of
brought up this whole — again, this payment of
car insurance, I believe.
I don’t really view it as a settlement, not
to impute any type of liability to any party. So
I’m going to allow her to just kind of tell me,
again, the relevancy as to what’s happened in the
past and how we get to the future.
MS. D: I promise I’ll circle back.
The relevance of which — I was attempting to
just negotiate to make peace so things —
THE COURT: I understand.
MS. D: — could be smooth. At that
time, I was told by opposing counsel that, due to
the standing order, as it was explained to me —
and of course I haven’t looked at it —
MR. B: Your Honor, I’m going to object
on how this is relevant.
THE COURT: Well, again, I don’t — so I’m
going to allow her — this is her presentation as
to where we’re kind of at. But I would kind of
mention I don’t believe that there is a standing
order in this case.
MS. D: That’s true. I absolutely agree.
That’s why I’m —
THE COURT: I understand.
MS. D: — kind of shocked by that —
THE COURT: Right.
MS. D: — statement.
THE COURT: There may be. Again, I haven’t
signed anything, and I don’t — and that is kind
of — I only bring it up because it’s kind of a
point of contention between the judges as to what
is going out and what is not, so —
MS. D: Well, the rationale behind it was
to maintain continuity —
THE COURT: Right.
MS. D: — no matter what. At that point
in time, Liv had car insurance for both herself
and the petitioner, and it came due time for
renewal for the car insurance.
THE COURT: Okay.
MS. D: And we had made a phone call
attempting to resolve some of these issues, at
which time I was told there is no negotiation of
the car insurance; everything was to stay the same
way. Absolutely fine.
But when we filed our motion for temporary
relief, it was not for a back payment necessarily
of the car insurance. It was merely: Could you
please get your own car insurance?
So —
THE COURT: Okay.
MS. D: — I just wanted to make sure
that we clarified that. If we would like to talk
about debts later on, we can go ahead and do that.
Also on that note, in regard to things such
as alimony, I have not had time to read through
all of these cases. However, I saw very notably
on the bottom of the Duncan case under the keynote
for divorce: “A grant of” — again, I haven’t
read the whole thing — “A grant of exclusive
possession of property to one of the parties in a
final judgment in a dissolution proceeding must
serve a special purpose.”
When we were here the last time, we discussed
the special purpose as maintaining the continuity
in the best interest of the child. This is where
she grew up, this is where she goes to school,
this is upon the recommendation of her healthcare
professionals that she needs to go and see.
And I don’t want to say that there’s
necessarily a waiver issue, but one party
voluntarily leaves and doesn’t want to come back
and says that they didn’t want to. And it was
almost like it was amicable at that point in time.
And the special purpose in our case is
maintaining the continuity for Amber. It’s close
to her school, it’s close to the few friends that
she does have, it’s close to her doctors, and it
allows her to have social interaction with her
peer group, which again is paramount to the
developmental needs of a fourth-grader.
Next, onto the idea of the — oh, I’m sorry.
The temporary child support from Liv to the
petitioner. To date, there has not been any child
support paid by the petitioner whatsoever, no
money for braces, no money for camp, none
whatsoever.
And whether or not there’s an order or a
notice or any sort of court document, everybody
would like to keep the best interest of the child
and keep the child in the lifestyle to which
they’ve become accustomed.
I understand you were stating that in regard
to alimony, but both parents should pitch in as
much as they can, even if it’s a dollar here, a
dollar there.
And also, going back to the idea of child
support and alimony, when you review the financial
affidavits, the very first portion of the
petitioner’s financial affidavit is pretty much
blank in regard to what efforts you are doing to
get employment, what type of employment you were
looking for.
And then at the end, it shows that he had a
surplus of $859. On the opposite end, Liv had
a deficit in the amount of $560. So two of the
requirements in order to get alimony, one of which
is the ability to be able to pay alimony.
I would also like to bring up that the length
of the marriage, the duration, was a year. So in
terms of length, I’m not really sure where that
would fall under the statute, but I definitely
don’t see that being a long-term marriage or even
a kind of long-term marriage. Maybe in Vegas.
And the award of attorney’s fees — of
course, it is absolutely essential that all
parties in any sort of judicial action have equal
access to competent counsel so they are on equal
footing. I would have to say at this point in
time it appears to me as though we are on equal
footing.
If Dee has the ability to work and earn
money, then he has the ability to work and earn
money and pay for an attorney.
One of the reasons that Liv is at our
firm, TLA, to come and see me is
because she did get a different billable hourly
rate, due to the former partner that retired
before I took over doing it, from — I can’t
remember what discount it was. I think like
LegalZoom or something like that. So in that
regard, I’m already taking a smaller amount.
And then last, on the financial affidavit
aspect, the petitioner, when we were here last,
did offer that — or testified that he owned and
started a company. I can’t remember if it was an
S corporation or an LLC. However, if he has more
than 30 percent of that company or LLC, which he
did, then we should have some sort of financials
in regard to that, which we do not.
THE COURT: Okay. But one of the things I’d
like to hear from you —
MS. D: Yes, Judge.
THE COURT: — is your request for temporary
time-sharing as to what type of —
MS. D: On that note —
THE COURT: If you could be specific.
MS. D: Absolutely, absolutely. On that
note, may I let Ms. Liv go ahead and elaborate
what plan she would like?
THE COURT: Okay. Sure.
Liv: So I really appreciate you
making this time schedule. I mean, it’s made
things more consistent. We know where we need to
meet, what time. Communication is through Talking
Parents now. It’s very much more consistent, so
thank you.
THE COURT: Okay.
Liv: It’s not always followed,
as she already talked about.
MR. B: Your Honor, I’m going to object
to testifying without the ability to cross-examine
on — and I would also object to anything —
THE COURT: I will sustain your objection.
MR. B: — relating to contempt, being not before this Court.
THE COURT: There are no issues of contempt.
So, ma’am, I guess at this point all I really
want to hear is just, “Hey, this is the time
schedule that I would like to have.” Okay?
Liv: Okay. I think we can
continue on with the schedule that we have now —
THE COURT: If you could just state that for
me.
Liv: — which is Tuesdays and
Thursdays after camp or school until 7:30, and
then Sundays from 1:00 to 7:30, meeting at Walmart
in every instance.
THE COURT: Sunday was 1:00 to 7:30?
Liv: Yes.
MS. D: Yes, Your Honor.
THE COURT: Were you guys getting into
earlier that Shelby goes to church?
Liv: Yes, she goes to church.
THE COURT: That’s what I thought. Sundays
to 7:30. Okay.

Okay. All right. Well, I think we’re — I
think the Court has got a little bit of — I’ve
got an idea of where we’re at.
It’s 10 o’clock now. We have until 11:30.

I’m going to go ahead and start with Mr. B and
some of the information that he has.
Mr. B, I have not had an opportunity to
fully read over your memorandum of law, so if I’m
kind of looking down and reading as I’m listening
as well, that’s just because I want to try to do
both in the time that we have.

Below is the opening statement of Dee’s lawyer (Mr. B) from the temporary relief hearing on July 27, 2018:

THE COURT: All right. So I’m going to go
ahead and start with you, Mr. B, because,
again, the hearings are going to be on temporary
issues, all around the same. But we have your
notice of hearing in front of me. And why don’t
you tell me a little about your motions, kind of
tell me what the issues are going to be. You can
kind of — you don’t have to proffer all the
evidence. Tell me what the Court can expect to
hear and kind of set forth a little bit of a plan
for today. We do have two hours, which should be
sufficient enough time to handle the issues.
I’ll let you begin.
MR. B: Yes, Your Honor. Today, on
behalf of Dee, we filed a motion for
temporary time-sharing schedule, as well as a
motion for temporary alimony and temporary
attorney’s fees. And both of those are noticed
for today.
And I think Liv has cross-noticed a
motion for a temporary time-sharing schedule and
then some other temporary relief for this same
hearing as well.
And I think the issues are interrelated
between the two motions or the three motions that
are filed.
And I prepared a memorandum of law —
THE COURT: Okay.

MR. B: — kind of summarizing the
issues.
THE COURT: Sure.
MR. B: But I think there are also some
legal issues that could be addressed to kind of
narrow the scope of this proceeding today.
THE COURT: All right.
MR. B: In Liv’s motion, she is
requesting exclusive use and possession of the
marital home, which is a leased property that the
parties were residing in together.
And because — a marital home can only be
awarded for exclusive use and possession if it’s
attached to some kind of support obligation,
whether it be child support or alimony. And if
there’s no support awarded to the wife on a
temporary or permanent basis, then exclusive
possession of the home cannot be granted to the
wife.
So I’d like to kind of keep that in mind.
THE COURT: Do you have some authority for
that?
MR. B: I do, Your Honor.
THE COURT: That’s the first I’ve heard that.
That doesn’t mean it’s not true; it’s just the first I’ve heard it.
MR. B: And there’s a Florida Supreme
Court case, Duncan v. Duncan, and a First DCA
case, Erickson v. Erickson, which quotes Duncan v.
Duncan. But I think Erickson v. Erickson is a
little bit more on point in that it states that —
in Erickson v. Erickson, the wife initially pled
for alimony — the children were already above the
age of majority — but then subsequently amended
her pleadings to remove any requests for alimony.
So the issue of any kind of support was not
before the Court in any way, and the Court
ultimately awarded exclusive use and possession of
the marital home to the wife in Erickson, in the
Erickson case.
But the District Court of Appeals reversed
that, saying because those issues weren’t even
before the Court, there was no legal justification
for the award of exclusive use and possession.
THE COURT: Okay.
MR. B: And Duncan kind of — the facts
are — there are multiple different properties in
Duncan, but the other factor that this Court can
award exclusive use and possession is if it’s
necessary to preserve the value of the marital

home, which in this case is inapplicable because
there’s no —
THE COURT: It’s a leased property.
MR. B: Yes, Your Honor.
And then the second legal issue, in the
wife’s temporary relief motion, she is requesting
the repayment of what is clarified in the motion
as a marital debt for some kind of car insurance
payments. And any partial interim equitable
distribution of marital debts or any kind of
marital property needs to be made in a sworn
motion under the terms of the statute, which is
61.075, Subsection 5.
And there also needs to be good cause shown.
And “good cause” is defined in the statute as
extraordinary circumstances that require this
distribution of that marital asset or liability.
In this case, I think it’s more equitable
to — for the Court to determine the full
equitable distribution of marital assets and
liabilities at a final hearing, instead of
piecemeal on certain payments that may have been
made. I think it would be easier to address those
issues in totality.
And there’s no good cause shown, and the
motion itself that was filed today was not a sworn
motion, as is required by the statute.
THE COURT: Okay.
MR. B: In the husband’s motion for
temporary time-sharing schedule, he is requesting
temporary — some kind of temporary time-sharing
that includes overnight time-sharing and to — you
know, I know we’re going to present evidence on
this, but in summary, he is requesting every other
weekend time-sharing, Friday, Saturday, Sunday
overnights every other weekend, and then to
continue the current temporary schedule of the
Tuesday, Thursday —
THE COURT: So let me get this. So Friday
would be after school? The child is school age?
MR. B: Yes, Your Honor.
THE COURT: You’re asking for after school.
And then dropoff on Sunday at what time?
MR. B: To drop off at school Monday, so
it would be a Sunday overnight, Your Honor.
THE COURT: Sunday, Monday drop off. Okay.
So every other weekend. And what was the other
thing?
MR. B: And then to continue the current
temporary time-sharing schedule of a Tuesday and a
Thursday dinner until 7:30 with the husband, where
he could pick up the child after school and then
have dinner with her and exchange with Liv at
7:30, as is being done currently.
THE COURT: Okay.
MR. B: So there’s a temporary
time-sharing schedule being requested, and the
husband is also requesting temporary child support
pursuant to the guidelines.
And attached to the memorandum of law before
Your Honor are a number of different guidelines
based on different situations, depending on how
Your Honor rules today.
THE COURT: Would there be temporary child
support under your request of every other weekend?
MR. B: Yes, Your Honor.
THE COURT: Okay.
MR. B: There would be a child support
obligation.
And Dee is also requesting temporary
alimony, so there are also guidelines calculated
attributing for different alimony payments as well
if Your Honor would award those today.
THE COURT: Okay.
MR. B: And that is just based on the six

overnights per month. And, you know, we will get
into this with evidence, but Dee lives with
his mother in an age-restricted community, so
there are certain restrictions on overnight
guests. But he is in the process of looking for a
new — his own apartment now that he has kind of a
more definite schedule of when he can work.
So upon that, I think he would like to change
the time-sharing plan on a permanent basis for
more equal time-sharing or perhaps majority
time-sharing. But for now, on a temporary basis,
we are requesting six overnights per month.
THE COURT: I recall the issue of the current
living situation as far as there being an issue.
So why don’t you take a second to kind of address
for me what any effect — if the Court grants any
type of time-sharing overnights, how does that
play into the —
MR. B: Would Your Honor prefer for me to
proffer the evidence?
THE COURT: Sure, you can just kind of
proffer it to me.
MR. B: Sure. In the declaration of
condominium for the condominium association where
Dee’s mother lives, it has a requirement that

there can be overnight guests who are under the
age of 18 who live there so long as one of the
occupants is over the age of 55.
But the maximum amount of overnights that an
overnight guest under the age of 18 can live there
is 30 overnights every six months. So that comes
out to six overnights per week — or per month.
I’m sorry.
THE COURT: And forgive me. So that would
encompass the child. For some reason, I don’t
have my notes from the last hearing, although I
know I put on there that it’s —
You have one daughter, if I remember
correctly.
DEE: Yes.
MR. B: Yes, Your Honor.
THE COURT: I just don’t remember her name; I
remember the age. What’s the name and age of your
daughter?
DEE: Amber. Age is 9.
THE COURT: Amber, 9 years of age.
Okay. So that clause — that would cover Amber.
Does that also encompass Dee? Because is he
considered as part of that, in that calculation?
Again, I don’t know his age. I don’t know the
requirements of all that, so —
MR. B: No, Your Honor, because he’s over
the age of 18. So that clause only applies to
overnight guests under the age of 18.
THE COURT: Okay. Is there any clause that
prohibits him from staying there?
MR. B: Not that I am aware of, Your
Honor.
DEE: No.
THE COURT: All right. So explain to me a
little bit more about your temporary alimony
request.
And both parties have filed financial
affidavits. Liv makes approximately $8,000
per month in gross income, and Dee — now
that he is able to more consistently work, he’s
making —
Are you a painter, if I remember correctly?
DEE: Yes, sir.
MR. B: In his financial affidavit, his
gross income is approximately 25 to 2800 per
month. So based on the standard of living during
the marriage between the parties and now that they
are living separately in different homes, to meet
that need of the husband at the level — the
standard of living during the marriage when the
parties were living together, he is requesting
between 500 and $1,000 per month in alimony.
And then lastly, Dee is requesting for
payment of his attorney’s fees to date, as well as
prospective attorney’s fees for — if this needs
to go to a final hearing.
THE COURT: Okay. Do you want to tell me
about the — let’s talk about attorney fee
requests. I’ll call it the current, up to today’s
date.
MR. B: Yes, Your Honor.
THE COURT: And then we’ll talk about
prospective separately.
MR. B: Yes, Your Honor.
THE COURT: So tell me a little bit about the
current, up to today’s date, what’s been paid,
what is his responsibility.
MR. B: The numbers are in the memo in
the final section, but to date —
THE COURT: Here it is. I’m sorry. I didn’t
get to it. I thought I was at the last page, but
I wasn’t.
MR. B: Mr. Wolf has incurred fees in the
amount of 7,000, approximately $7,000. And he has
paid 6,000 with the initial retainer, and he is
requesting $12,000 for the trial, based on an
estimation.
So, I mean, it can always be addressed at the
end, but the $12,000 is an estimation based on the
preparation for a one-day trial based on the
issues in this case.
THE COURT: So that would be through trial.
MR. B: Through trial, Your Honor, yes.
THE COURT: All right. Anything else before
I move to Ms. Dot? D. Forgive me.
MR. B: I think the remaining things that
I would want to add are things that should be
produced with the evidence —
THE COURT: Okay. Sounds good.
MR. B: — you know, specific factors and
such.
THE COURT: I appreciate that.

The first time I was ever sworn in and testified to a judge was during the beginning of a very long divorce and custody battle with Dee. Although we separated in August 2017, it wasn’t until July 27, 2018 when we would first meet the judge in his office…the man who would be deciding who Amber would be living with. Yes, there was child support and alimony to consider, as well as who has rights to the home we lived in….but none of that mattered nearly as much to me as what would happen with Amber. We had already spent nearly a year in a battle of control with no protection from Dee’s chaotic state. I had no idea how long it took to get into a judge! Besides that, there were problems with my lawyer that further delayed the process and made the agony linger. The papers I was served in the fall of 2017 had already shaken me with the extreme allegations based on lies from an out of control narcissist. Not being able to answer them with the truth for nearly a year made things even worse. The emotional abuse during that year to both Amber and myself was never ending, and I couldn’t WAIT for legal protection and to get closer to putting this entire thing far behind us.

Although it was very costly, I took the advice and ordered the transcription from the first hearing. This turned out to be a blessing for me when I switched lawyers later that year. My new lawyer was able to quickly get up to speed and point out issues and how we could address them in the future…all simply by reading the transcript. After a recent purge of paperwork I’ve been hanging onto, I ran across the bounded 157 page transcript and decided to re-read. If you can remove yourself from the hurt and emotion, it really is an interesting read…especially if you’ve never been to court and are not really sure how it goes. We weren’t sitting in a court room with a jury but for someone who has NEVER been in a courtroom (or a defendant in a court case) it was extremely intimidating.

My lawyer was a 30 something female who was passed my case when a partner in her law firm abruptly changed professions and left the law practice. She was difficult to contact and always seemed busy on another case. Nevertheless, she spent time letting me know how things would go and offered to meet me outside the courthouse early so we could walk in together. We had planned to get coffee before hand to catch up and talk, but there was an accident on her way in from the city and she was running behind. She met me outside and she had a cigarette while we talked about what to expect. We rode the elevator to the second floor, passed through the metal detector, and sat on a bench in a long hallway, waiting for the judge. Dee was there already with a man that looked barely old enough to have graduated law school. There were other people in the hall waiting for bailiffs to call them back to meet with judges. The transcriptionist that we hired arrived also while we waited. This was all new to me and although I knew how to be professional, I would soon be sitting across a long table from my mortal enemy who would undoubtedly spout lies about me to the one man who could take my daughter from me. Thinking back, only God could get me through something like that.

When the bailiff called out our last names, we all stood and followed him through a locked door back to the judges’s office. We sat at a long table with the bailiff directing us where to sit. The judge sat at a desk with a computer at the end of the table, in front of a large window looking out to a sunny day. Dee’s lawyer sat closest to the judge by the wall furthest from the door, with Dee sitting next to him. Dee’s lawyer started unpacking large containers of paper documents while my lawyer began settling in her spot across from him. I sat across from Dee in the spot closest to the door. The transcriptionist began setting up near the judge while the judge offered us all a water and exchanged pleasantries.

Although I will likely not share the entire thing, I will post pieces of the conversation directly from the transcript. It will give you a ‘flavor’ of the things said and why my new lawyer decided he couldn’t wait to take this case and make things ‘right’ for me.

PROCEEDINGS: HUSBAND’S MOTION FOR TEMPORARY
TIME-SHARING SCHEDULE, WIFE’S
MOTION FOR TEMPORARY TIME-SHARING
SCHEDULE, HUSBAND’S MOTION FOR
TEMPORARY RELIEF, AND WIFE’S
MOTION FOR TEMPORARY RELIEF