Ex-Wife Thought Husband's Paycheck Still Belongs to Her... Big Mistake

um spousal support, right? But what it has to be a monthly figure um I would say um 600 a month. 600 a month for what?

300 every two weeks. Hang on. That's way more than 10%.

Well, I don't know what to tell you because you took all the money out of the checking account, left me with nothing. All right, we'll go on the record. Case is entitled in the matter of the marriage of Kimberly Clark petitioner and Charles Clark respondent.

Case number 24DM428 petitioner Kimberly Clark appears in person prosay. Uh respondent Charles Clark appears in person proay. All parties are appearing by Zoom.

All right. This is set uh for a final hearing. I've been reviewing paperwork that's been submitted.

And let me ask you, Miss Clark, first of all, have the two of you agreed upon a division of assets and debts? There has been. Um, there's only two other things that I did want that I forgot to put in the paperwork, and that's a swimming pool and my train that's a smoker.

Um, other than that, everything else has been agreed upon except for the spousal support. Okay. Well, that's a a pretty big component here um of a final divorce is if if it's all been agreed upon, then we would be able to take up a final hearing today.

But if there's still issues that are in dispute and and unresolved, we're going to have to set it for a evidentiary hearing. Um, so there's been no agreement as to spousing support? No, he refuses that I'm on permanent disability and he thinks that I should live off of $1,000 a month and that's just not possible.

And let me address you, Mr Clark. So, you're you're not in agreement with paying her an amount of child support or a spousal support? I'm I'm willing I'm willing to pay a small portion.

Yes. But not the amount she's asking for. I've got to make She want me to keep She wants me to make her car payment.

That's fine. I'll pay I'll pay it. So, she has a vehicle.

Um the small portion, not the full amount she's asking. And I talked to my insurance company because she's asking for me to stay on my insurance. And the only way to do that is if you order for me to do that, then I have to pay for it out of pocket.

If I have to come up with that and pay out of pocket, plus pay her the the amount she's asking for, there's no way I can I can live. Um, he can take me off the insurance. I've already got other insurance.

Um, which is fine. Just take me off the health insurance, take me off the life insurance policy, and um, I would be fine with that. Okay.

So, where does that we first I've got five different proposed decrees of divorce here that have been submitted between the two of you. So, it's I I went through it and I'm I just we we first agreed upon 10%. We both talked about it and she it's what she agreed when I was asking for and I was agreeing to that as long as I made her car payment.

How much is the car payment? It's between her vehicles and mine. It's 700 every two weeks.

So it's 1,400 a month. No, it's $1,265 cuz I checked with the bank yesterday. He is paying extra.

So, he's already got um February's payment made in half of March, and my portion of the two vehicles is only $500. The remaining of it is his. Well, here here's what I And the reason here's what I'm inclined to do.

Um, I I know there's a a PFA in place, so I I don't want you all communicating outside the presence of this um court proceeding. But what I would allow, if you both are willing to do it, is to go into um a breakout room so you can visit privately to see if you can resolve all of the issues that are in dispute regarding the divorce. If you all are able to come to an agreement on everything, a division of assets and debts, spousal maintenance, all of those issues, then we can finalize the divorce.

If if you are unable to come to an agreement that resolves all issues, we're going to have to schedule a a trial date to for the court to take evidence and testimony. Um, so then the court can make a determination as to what's fair, just, and equitable for a division of the assets and debts. So that's fine with me.

Just put us in a breakout room and we'll figure this out. Okay. Now, I I will advise uh Mr Clark, make sure this is a the breakout room is productive and doesn't result in any anything other than trying to uh resolve uh this divorce case.

I I totally understand. I I've got I've got until 3:30 scheduled for this. So, um, but I I'll give you a little bit of time to see if you can come to some sort of an agreement.

So, um, Angela, can you place them in a breakout room? Do you all know how to do a breakout room? Yes.

It popped up and said join now. Okay. Yeah.

And then when you come back, u make sure you don't exit the meeting. Make sure you're just leaving the breakout room. We're going to go we're going to take a brief recess.

We'll go back on the record. Let the record reflect the um presence of the parties. We they've just been in a in a breakout room to discuss the possibility for settlement.

Miss Clark, were you all able to reach any agreements? We are. And it's 10% and then um he'll continue to make the car payments.

Um there's I do want due to the fact that we do have a temporary PFA on there. I would like to have that in um ordered in the court papers that the PFA remains. Well, that's two separate Okay.

cases. But let me when you said 10% 10% of what? What's that?

The um spousal support, right? But what it has to be a monthly figure. Um I Um 600 a month.

600 a month for what? 300 every two weeks. Hang on.

That's way more than 10%. Well, I don't know what to tell you because you took all the money out of the checking account, left me with nothing. There wasn't no money in the checking account.

All right, guys. I I don't I don't want this to get into an argument. We either have if if there aren't going to if there isn't an agreement, then we're just going to set it for trial and you all judge make my my average checks run about 4,000 every every for every 30 days is about what I'm what I make.

Okay. Well, I like I said, if you all have an agreement, we can finalize the divorce. If not, I'm going to set the the case for trial.

Like I said, my checks are 4,000 roughly 4,000 a month. I'm not quite sure how to go through that. Alexa, cancel.

Um, you if you want to base it on 10% off of that, that's fine. U Well, the the problem being is a division of assets and debts encompasses all of the property owned. Spousal support is a is a whole separate uh calculation and argument.

It's not I don't have all of these figures in front of me to make any determination um absent some sort of an agreement today. So if if you all don't have an agreement, I'm just going to set it for trial. And no, just do 400 200 every two weeks.

Is that something you're agreeing to, Mr Clark? Yes, I will agree to I will agree to 200 every two weeks. Typically, I'll in a spousal support order, it's a monthly obligation with the payment date due by a certain um date each month.

Now, all other are all other aspects of division of assets and debts agreed upon? Yes. Yes.

The the only thing the only thing that I have want to disagree upon is she was wanting some money back from her her grandmother's inheritance. The things that she was talking about was gifts that she had given me. And you know when my dad passed away, I received a bunch of money and I bought her stuff for her office so she could do her tumblers and stuff.

I'm not asking for that back and I don't think she I because it was a gift. I don't feel like she needs to to ask for the stuff back either. But I didn't have the you didn't have the money when I started doing the tumblers.

That was in 2016. I didn't plan on doing tumblers until 2022. Okay.

Well, sorry. It was my ankle settlement. I still paid for that, though.

So, there's a dispute regarding this. No, just let it go. I'm done.

Just let it go. All right, Mr Clark, I need to place you under oath and get some testimony. If you could please raise your right hand.

Do you swear the testimony you're about to give will be the truth, the whole truth, and nothing but the truth? So help you, God. Yes.

Yes, sir. And Mr Clark, I'm just um asking questions of Miss Clark right now. I'll give you an opportunity to respond and make a comment later.

So every question I'm asking right now, unless otherwise noted, is directed to Miss Clark. All right, Miss Clark, could you state your name for the record? Kimberly K.

Clark. And you're the petitioner in this action. Is that correct?

Yes. And you are seeking a divorce from Charles Clark on the grounds of incompatibility. Is that correct?

Yes. Have you been a resident of the state of Kansas uh for the 60 days prior to the filing of this divorce action? Yes.

And are you still a resident of Butler County, Kansas? Yes. All right.

When were the two of you married? Uh July 21st of 2012. And you're currently separated?

Yes. And how long have you been separated? Uh since November 15th of 2024?

Yes. Okay. And there are no minor children of the marriage.

Is that correct? No. All right.

We've been discussing division of assets and debts. I I just want to go over that with you at this time for purposes of the record. Uh before I do that, are are you seeking a restoration of a prior name or a maiden name?

Yes, I am. And what what name are you seeking restoration to? Uh, the bell.

B E L L. Could you say that one more time? Bell like dingling.

B E L L. Okay. Kimberly Bell.

Kimberly K. Bell. Yes.

Right. Mr Clark is not active duty US United States military. Is that correct?

That's correct. All right. Do you all own real estate?

No. Okay. So, you don't own the house on sh on Sheldon Street?

No. Um, no. We were doing a um contract for deed and my name is still on the house, but that's easy to contact the landlord and have my name removed.

So, he is living in the house. But you're you don't own the property. No.

No. All right. What about vehicles?

Do you have vehicles that are in both of your names? Yes, we do. We I have the 2018 Chevy Cruz and I have the 2010 Can-Am.

Is there money owed on each of those? Yes, there is. Mine is um roughly 20,000 and his is $40,000 worth.

I'm sorry. Yeah, roughly you owe how much between I owe 20,000 on mine and the remaining loan is uh 40,000 is his. Okay.

Are both of your names on the loans for these two vehicles? Yes. And we've already I've already talked to the bank and they cannot be removed or separated ever.

Well, until the loan is paid in full. Okay. Are you agreeing to pay the the loan amount on the Chevy Cruise and the Can-Am?

Not at this time because I'm on disability. Okay. So, is um the loan payment M is Mr Clark going to pay the vehicle loan for the Chevy Cruise and the Can-Am?

Yeah, it's all lumped in one loan. Okay. What else is on the that loan?

He has a 2007 um F-150, two motorcycles, and a boat. Okay. So, a 2007 F-150, a boat.

Is it a Vixen Viper? Yes, it is. And what are the motor?

There's a 2007 motorcycle. What kind of motorcycle? I believe that one is a Yamaha and then the other one, he may correct me, is a Honda.

Um, but I don't remember what the two makes are. Um, but there one motorcycle totaled, but it's still on the loan. And then there's another motorcycle is the one I bought him um out of my grandma's estate money.

So, he's got the two motorcycles, the boat and his pickup truck. Mr Clark, I'm going to address you. What?

There's the 2007 Yamaha. What's the other motorcycle? It's a 2008 Yamaha Vstar and it's a 99 Kawasaki Vulcan, right?

And you're agreeing as part of this divorce settlement to pay the loan on all of these uh vehicles and boats. it automatically comes out on my check every week or every two weeks and I I don't want her without a vehicle. I was trying to be nice and and make the payment so she would have a set of wheels and uh and you're going to Miss Clark, you're going to remain in possession of the Chevy Cruise and the Pan-Am.

I am. Um he but I want to make it clear to him that he has threatened to continue to take my car and that the car belongs to me. Well, technically it belongs to both of us.

If your name both of your names remain on the loan, um if he doesn't make the payments on it, they're still going to come and I understand. Take it regardless of what I order. You understand?

I understand. All right. Are there other um items of property besides the vehicles we've just discussed that are being divided?

Um the only other thing is the train and the smoker. He's agreed to give that to me. What is it?

A train. It's a It's a iron made train that's made into a smoker to like smoke food. Okay.

um a train and then I the swimming pool. Is this like an above ground swimming pool? Yes, it is.

It's in storage right now, but Yes. Okay. Are there is there money owed on either of those items?

No. Okay. Okay.

Are there are there any other debts like credit card bills or things like that? No. Okay.

What about bank accounts? Uh they've already been separated. He when uh he got his second check from his job or third check, he already clo um took money out of the account that was supposed to go in there and opened his own checking account without my knowledge.

Um, so I've had to clear up the debt that was in the other checking account that was overdrawn. Um, but um, it's all taken care of and the accounts been um, closed out, right? So, you each have your own separate checking and savings accounts.

Yes. Um, there was a payday loan that was being taken out of the joint account. I have now cleared it up and um closed it out.

What about uh retirement accounts? Do either one of you have retirement accounts? He may, but I do not.

I'm on disability, so I don't have anything as part of this uh division of assets and debts. Is he keeping his retirement account? He is.

Okay. And what I'm going to address you now, Mr Clark, what what type of a retirement is it? I don't have one yet.

It won't kick in until uh May, I believe, but it's a 401k. Okay. So, there you you have none right now?

No, sir. No pension or anything like that? No, sir.

I'm not not eligible for my 401k until I believe May. Okay. But you where do you work?

I work for Muns Energy. Okay. Do they take out money each month as part of this 40?

They they they haven't yet. Like I said, I'm not I'm not eligible till like May, I believe. Okay.

So, they won't no money will be placed into this for you. So, you're not entitled to anything at a certain time? Well, like I said, one in May when it kicks in, I can start investing into it, but right now I'm not.

No. Understood. All right.

Um, in one of these proposed decrees, I it lists family china. I got my family china. Yes.

Everything's been taken out of the house. That's mine. Okay.

And a dog. Yes. I have an emotional support dog.

She's right there with me. Okay. So there's no there's no dispute over who's taking the dog?

No. Okay. No, she's mine.

And then medical bills. I have just my medical bills and he's got whatever bills he's got. So you're going to pay your own respective medical bills.

Yes. Right. You you receive SSDI?

I do. All right. Now, you you've written here, I'm assuming this is one that you submitted, Kimberly.

It says is asking for 25% of his income. Is that something that you have all now have now agreed upon will be this $400 spouse support figure? Yeah, [snorts] I'm again this is one that you must have submitted Kimberly.

It says Charles must help Kim financially help Kim get her motorcycle fixed. Is that something that's now been resolved by this? Yeah, that'll be resolved.

I will do that. And then the it says Charles will pay back Kimberly for grandma's inheritance. Is that something that's now been Yes.

resolved? Yes. Then it says, "Charles does not know where the car or two 2018 cruise is at.

" He at when I left, he told me that he wanted to know when the car was being moved. If I went out of state with the car, where I'm going with the car at all times, and I'm sorry, but that's my car. Wherever I take it is where I take it.

Okay. Is that an issue for you, Charles? The only reason I was asking where it was where it would be or what state it would be is if it breaks down and I'm making payments on it, I at least would like to get try to get it fixed and get it back if she's not going to drive it.

That's all I was asking. It wasn't I'm just not as bad as she's playing it out to be, but it I I don't care where it's at. If if you're unable to get each other off of these notes, then that's just that that remains an issue for people who are are separated and divorced.

If they can't get along to communicate regarding these these types of issues, um but if you're unable to do it and this is what you've agreed to, then that's yeah, the deal. So then it says must keep Kimberly on his insurance until she has a job that has benefits. Is that something that's now been resolved?

Yes. And what's the agreement? Um, I'm going to have my own benefits.

Um, I have Medicare and I, um, applied for public aid last night. this um and I'd just like to have the insurance canled by the end of the month, please. Is that something that's agreeable with you?

Yes, sir. All right. regarding the spousal maintenance.

Um, I'm going to it'll need to be put into the journal entry that it's $400 a month and you need to have a starting date. Typically, what I would do since it's February 12th, that would start March the 1st. Okay.

And Mr Clark, if in this proposed decree that you guys have been submitting, it's in paragraph 23 that needs to be paid through the Kansas Payment Center for you to get credit for that because they keep track of it and then you always it protects you. If you've made the payment, then it you'll be able to verify that through the payment center. Um, so make sure you you follow that those directions.

Um, Miss Clark, are there any other aspects of this proposed division of assets and debts we haven't discussed? Nope, I'm good. Okay.

Uh, Mr Clark, I'm going to place you under oath now. If you could raise your right hand. You swear the testimony you're about to give will be the truth, the whole truth, and nothing but the truth.

So, help you God. Yes, sir. All right.

Could you state your name for the record? Charles Lloyd Clark. All right.

And Mr Clark, you've been present here for Kimberly's testimony. Is that correct? Yes, sir.

And during her testimony, she went over the proposed division of assets and debts. Did you hear that? Yes, sir.

Is there anything about what she testified to as the were the agreements that you don't agree with? Nothing that pertains to this. No.

Okay. So, you you agree um with Yes, I I agree. I agree with what she was we have discussed.

Okay. So, you the division of assets and debts she testified to. You're in agreement with dividing your assets and debts in that manner.

Yes, sir. Do you feel that the division of assets and debts is fair, just, and equitable to the both of you? Yes, sir.

Kimberly, do you feel that the division of assets and debts is fair, just, and equitable to both of you? I do. Are there any other assets or debts that you guys have that you haven't disclosed to one another?

Nah, we're good. Give me just a second. I want to go through this and make sure we cover everything.

All right. We need to discuss the uh time period uh for the spousal support. Would you guys discuss how long those payments would?

Five years. Okay. Charles, are you still with us?

Yes. And did you are you agreeing to pay spousal support for a period of five years? you agreed in the breakout room.

Yes. [sighs] Then typically there's a provision that that obligation ends upon the the death of the person receiving the maintenance. If the person receiving the the maintenance gets remarried or is in a residing with a spouse in a marriage type relationship whether they're married or not.

Those are typically provisions that are um placed in one of these agreements as to what would cease the payments short of the five years. Um, did you guys discuss that at all? Um, no, but I'm I'm fine with that.

If something should happen that I get remarried, I understand. Okay. And Mr Clark, any anything you would say in that regard?

No, I that's I I agree as well. You know, if uh she passes or gets remarried, then yeah, I I can understand why it would stop. Okay.

All right. Now, you all are going to have to prepare a clean decree of divorce because all of these ones that you've submitted are all different. And how I'm going to suggest we do this, and I'm not done with the testimony.

I I'll still have to make some final orders, but um I'm going to task you, Kimberly, as the petitioner to draft what this the new version with the current agreements. Okay. and sign it and drop it off at the clerk's office and then notify Angela my AA if you could that that you've dropped that off at the clerk's office and then we'll notify Charles you that um the decree has been dropped off at the clerk's office then you can come up and look it over and make sure it comports with what has been agreed here today and then sign it.

That way we just have one version that you've both looked at and and both signed and then um then once you've looked at it and signed it, the clerk's office will get it to me and then I'll make sure I'll go through it and make sure everything is marked that needs to be marked and then I can if everything looks good then I can sign it and get it filed with the clerk's office. Okay. And then will we get a copy of that then?

Uh yeah, you can obtain copies. Any any objection to proceeding in that manner, Kimberly? No, I'm good with that.

No, sir. Okay. Uh I'm going to go ahead and make some findings here on the record then.

Um I'm going to find that um the divorce was filed back on December 3rd, 2024. that 60 days have passed since the filing of the divorce. The court finds that the petitioner, Kimberly Clark, was a resident of the state of Kansas uh for 60 days prior to the filing of the divorce and remains a resident of the state of Kansas.

Uh the parties have previously separated and have entered into an agreement as gone over on the record today uh dividing the assets and debts. Each part has testified that that division of assets and debts is fair, just and equitable to both parties. The court will make that finding as well.

The uh court orders that the petitioner Kimberly Clark's name be is Belle a your maiden name or a prior name? Um it's my um I was adopted so that is my adoption name. Okay.

Uh Kimberly's name will be um restored to Kimberly K. Bell. The court is ordering Mr Clark to pay $400 in spousal maintenance beginning March 1st, 2025.

Yeah, that spousal support will be for a duration of five years. um that obligation will cease if upon the the death of Kimberly, upon her being remarried or her um being in a live-in relationship with a signific significant other. I will advise both of you that you're not to contract for marriage for a period of 30 days following the filing of the divorce.

The divorce does not become final until I've signed the decree and it is filed with the clerk's office. Um we've discussed how we're going to get the the final journal entry done. Do you have any questions, Miss Clark?

No. All right. I am going to grant the divorce on the grounds of incompatibility.

Mr Clark, do you have any any questions? No, not at this time. Okay.

Angela, do we have um contact information for Mr Clark? I do not for Mr Clark. Okay.

Um do you have a phone number or email address you can provide to us, Mr Clark? Yes, I do. All right.

Whenever you're ready. Yeah, we can go off YouTube.