Dee Testifies – July 2018 Version

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.