Wife DEMANDS Husband's $800K House After Just 6 Months of Marriage

Tood >> Joseph Toodles versus Jordan Lindsay Balknick. Your honor, if I could, I'm here on behalf of my client, Mr. Joseph Tuttle. filed a complaint for absolute divorce in this matter. It's a very very short-term marriage. The parties were just married in September of 2023. Um, and what we have, your honor, is is that the the crux of this case, and Really the only asset of this marriage uh comes down to the parties prior to their marriage purchased a home. uh my client put down a significant down payment on the home. Well, the down payment

was put prior to the marriage and it the purchase was right after uh the party's married. The property is approximately between 7 and $800,000 home has a significant mortgage on it. Um what we're asking, your honor, is for Exclusive possession of the home. Mrs. Botnik, again, this is a short-term marriage. Mrs. Botnik has three children from prior relationships. Um, in fact, she was uh with child at the time of the party's marriage that is not my client's child. Um, and she has just finished another custody matter with that child's father. Um, and again, she's not

contributing financially. She purchased they purchased a a vehicle um that she is driving and um We are asking that that she and the children and she's allowed her mother, Miss Carol Leadford, to move into the home also. So there's six people cohabitating in this home and my client is having to pay all of the financial meet the financial responsibility of the home. So, it's our request that she be ordered to vacate the premises or in the alternative given the fact that herself, her three children, and her mother are living there that my client pays 16th

And she pays 56 of all the expenses associated with the home. The home it again, we're going to have an issue. The home is just been purchased. It's very unlikely that there's significant equity. um she is not in a position, it's our our claim that she's not in a position to buy my client out uh of the home or get the home refinanced into her own name. Uh but she is not contributing and she has now begun um having extrammarital relations and um as a Result of that we want her out of the house. [clears

throat] Governor, just briefly, um, parties were married September 4th, 2023. Um the home that they currently reside in was purchased um conveyed to both of them as husband and wife, Joseph Toodel and Jordan Bachnik uh by warranty deed Executed September 26, 2023 recorded with the register of deeds September 29th, 2023. Um the approximate purchase price was $800,000. Uh 20% was paid down which is approximately $160,000. Uh Mr. Tuttle makes a significantly higher income than Miss Bachnik. Um with respect to the um her children who lived there um Mr. Tuttle was fully aware that Miss Bachnik

had children when they married fully aware that they would be moving into the residence and with respect to Miss Bachnik's mother um he agreed that she could move into the residence. Um our position your honor is that the house is a marital residence. Mr. Toodel has um significantly more income than Miss Bachnik and we have filed and before the court today is a motion to sell the marital residence and we would Propose that upon its sale the net proceeds be paid into court and then we can proceed with with the divorce um in that regard.

But um I would submit to the court there's no basis uh to grant Mr. for total exclusive possession of the marital home. Miss Bachnik's name is on the deed. It's a marital asset and submit that that she's entitled to reside there uh just as much as he is. >> Right. >> I would call Miss Botnik, Please. May your right hand be placed under oath. >> State your name, please, ma'am. >> Jordan Lindsay Bachnik. >> And Miss Bodnik, where do you work? >> Envision Healthcare. >> And what do you do for Envision Healthcare? >> I'm an

AP specialist. >> Please scoot up a little bit toward that box so we make sure it's picking. >> I'm an AP specialist. >> And what does that mean? >> Accounts payable. I work for the same company as Joseph. >> And what is your rate of pay? >> 22 an hour. >> You work 40 hours a week? >> Yes, ma'am. >> And you have three children by how many different men? >> Three. >> And how much child support do you get? >> Uh, I get child support one kid and $6.99. >> 697 for what child? >>

One child. And I don't get child support from the other two. >> What? What child do you get the 190? >> Sailor, the baby. >> And who is Sailor's father? >> Nick Ellis. >> And that's your youngest child? >> Yes, ma'am. >> And you were in fact pregnant with Sailor at the time that you married? >> No. >> Or right at you had just had the child? >> I just had him. He was born in June and I got married in September. Okay. And what sort you and you um have just settled a lawsuit on

paternity with that with Mr. Ellis? >> Yes. >> And when was that done? >> February. >> And what are the names and ages of your Other children? >> 12 and 10. 12-year-old is Ryder. 10-year-old is Bryson. >> How old are they? Ryder is 12 >> and Bryson is >> 10. >> 10 >> and Sailor is uh 10 months. >> 10 months. >> When did your mother move into the home? >> She started staying there in October. >> October of 2023. Right after y'all married in September. Is that correct? Right. >> And what was the reason?

>> She was helping me with the kids, helping us with the kids. >> How much How much does she pay to live there? She helps with the kids. So in return, she's gets to stay there. >> Okay. She helps with your children, >> right? That Yeah. >> Okay. >> And so you're just giving her free room and board >> for helping me watch the kids. >> What does she do for a living? >> She works at Walmart. So, she's capable of paying something to live there. >> Well, she's helping me watch the kids. >> In

your lawsuit with Mr. uh Ellis, did you claim any workrelated child care expenses? >> Yes, >> you did. >> No child care. What are you talking about? >> Childare expenses. When when you calculated child support, you you didn't claim any workrelated childcare expenses? >> No. This was Nicholas Ellis. >> It is. Yes. >> I know Mr. Nicholas Ellis. He he grew up with my children. I don't haven't seen Him or had any contact with him in the last 20 years probably. So, I just want to make everyone aware of the fact that there is some

connection. He played on a soccer team with my son and daughter for a while. That creates a problem. I'll be glad to address that. We don't have a we don't we wave any conflict, your honor. [clears throat] >> Did you admit did you at the point in time did you admit to your husband that you only married him for financial Security? >> No. >> You sure about that? >> Yes. >> That's your statement under oath? >> Yes. >> Did you threaten at the point in time when he told you he wanted a divorce? Did you

threaten to throw yourself against the wall so that you can get an order of protection and kick him out of the house? >> No. You're allowing your children to Have you allowed any of your minor children to operate any motor vehicle in and around the property? >> I let my son drive down the driveway >> and he ran over shrubs and things. Is that correct? >> One shrub. >> And that's your 12-year-old or your 10-year-old? >> I let my 10-year-old. >> Your 10-year-old's driving a vehicle That caused some slight damage to the property. Is that

correct? >> He drove down the driveway and ran over a shrub. >> Did you replace it? >> No, not yet. >> Okay. Do you allow your children to shoot arrows into the drywall of the of the home? >> You didn't sit there and videotape it and laugh. >> I videotaped my son shooting an arrow Into a cardboard box. >> Not into the garage and damaging the property. >> No. >> Where are your children in school? >> Um, Ryder is in middle school. >> Your honor, I want to object to relevance. I mean, we're here for

a motion for exclusive possession and we're getting into, you know, almost like we have a parenting plan. These children are >> No, your honor. I I apologize. It the fact is is financially, where are the children in school? The issue we want her to move, where the kids are going to school, whether they're homeschooled, whether they're in public school, how she's spending her money is the reason that I'm asking those questions. >> Unfortunately, parties even on a short-term marriage bring something before the court regarding financial matters. every aspect of their life Becomes fair game for

ruling and direction. >> So where are they in school? >> Ryder is a middle school at Dixon Middle. Bryson is at Oakmont and Sailor's a baby. >> And your mother stays home and keeps him. >> Yes. >> Okay. >> On Tuesdays and Thursdays cuz I have to go into the office. >> And then otherwise you work from home. >> Yes. >> And where is the office located? >> In greenhouse. You have health insurance coverage through your employer? >> I did. I have dental. I used to have dental. >> I haven't checked off. >> Who covers

your children for health insurance? >> The state. >> You make $40,000 a year, live in a $700,000 home, and your children are on tinare. >> Objection leading >> adverse witness. >> Witness rule. >> I don't think she's been established as an adverse witness. She's answering all Miss Robert's questions. Uh, she called her on >> adverse party. So, I'm going to assume or take judicial notice of the fact that An adverse party is an adverse party for purposes of the adverse party rule rule. >> Is that correct? >> Yes. [clears throat] >> It's not on on

families first. When was the last are they are they on families first? >> No, >> they're just on tinare, >> right? >> When did you apply for tinare? Um, Whenever I was single. >> They pardon? >> When I was single and not married. So, it was prior to marriage that they were on it. >> And have you updated it? >> No, not yet. >> Did you disclose that you had the availability of of health insurance through your employer for your children? >> No. >> You still receiving food stamps, too? >> No. >> When did you

stop getting food stamps? several several months ago. >> When? >> Um October November. >> October of November of 2023. >> Yes, ma'am. >> Was it time for you to re-up for your food stamps? >> Yes. >> And I didn't qualify. >> And you did not qualify. But you applied And tried to continue to get food stamps. Correct. >> No, I did not. >> You did not fill out an application? >> No, I did not fill out an application. Have you contributed to the house payment? >> No. >> Why not? >> Because I'm pay I'm paying

for everything else. >> What What is everything else that you're Paying for? >> Groceries to stay in the house and I pay for all my kids groceries, clothes, and I filled out a form. Um, basically showing what I do pay for. >> Pay any of the utilities? >> No. >> Pay any insurance on the vehicle you're driving? >> Yes. You pay for your insurance? >> I pay for my insurance. >> And your vehicle. >> On my vehicle. >> What kind of vehicle did you Are you driving? >> A Tahoe. >> 2021 Chevy Tahoe. >> Yes,

ma'am. >> And how much are the payments on that? >> A little over a,000. >> Who's making those payments? >> I am. >> When did you start making those payments? >> 2 months ago. I've made three payments so far. So, 3 months now. When did you purchase that vehicle? >> August uh 22nd of 23. >> You acknowledge that the down payment on the home came from his separate funds, do you not? >> I'm going to object. That calls for a legal conclusion. >> I'm sorry. >> I object. That calls for a legal conclusion as to

what separate funds Are. >> I'll rephrase the question. Did you have any money before y'all when the contract was made on this house? I had my own money. >> How much did you have >> at the time? I I don't recall how much I had. >> Did you pay $160,000 down on this house? >> I don't recall. >> You don't recall? >> No, I do. I didn't put money down on the House. >> Why did you say you don't recall? >> Well, to your question before that >> objection asked and answered. >> No, I did

not pay money on the house. >> You know that your husband had money that he put down on this house that was not your money, >> right? After we were married though, he paid money on the house. >> And he paid for your attorney um for your paternity actions too, didn't he? >> He helped pay for my attorney with Nick. >> And how much was that? >> Jack privilege. >> On what basis? >> Privilege. I mean, the third party may have paid it. They're married >> and you're you're talking about attorney client privilege. >> Yeah.

I Number one, I don't think it's relevant. Um, >> we're talking relevance instead of Privilege. >> Well, [clears throat] judge, I think what a client pays an attorney and a third party pays it. You know, I >> understand your point, Mr. Odel, and again, we're talking economics of two people who have been married for a short period of time. You will be able to ask questions of him regarding any expenditures he's made. And my understanding is that these questions are being asked to demonstrate the Financial contributions each of them have made to the household because

one of the motions that we have before the court today is a motion for exclusive possession of the marital residence and that entails who's going to pay the mortgage for that. There's also a motion for a temporary division of marital debt which is on the docket. So all of these issues are relevant on the issues that are before the courts. She's not required to testify about any Direct conversations that she may have with her attorney. But the question of if there were marital funds or his separate funds that were used to pay for her attorney

then for whatever relevance I mean whatever weight that is I think it is relevant on the issue before the court. >> Please repeat the question. >> Who paid for your attorney? >> Joe. Joseph did. >> Did you ask him to do that? >> He offered to help me out. >> When you got When you got sued? >> I didn't get sued. >> Did you file the paternity suit or did did Mr. Ellis sue you? Did you su? >> We agreed upon it. >> I didn't get sued. >> He didn't file a petition against you. >>

Yes. >> So that you got sued? >> Okay. I didn't know that was being sued. >> Yes, ma'am. You got He filed a petition To establish paternity. Mr. Ellis did. >> Okay. >> Correct. >> Yes, ma'am. And you didn't and you asked your husband for help in securing counsel for that. Is that correct? >> He offered Have you ever contributed anything to other than paying for your children's food? Have you ever contributed anything to the mortgage, to the utilities, to the down payment on this house, Or the payment of insurance or taxes on this house

at all? >> No, ma'am. >> That's all. >> You may question your client. >> See, you want to ask your questions now or you want to wait? Um yeah, I'm I'm gonna call [clears throat] >> sorry Mr. >> Tel Raise your right hand be placed under oath. [clears throat] >> State your name for me please, sir. Uh, Joseph Toodel. >> And Mr. Toodel, you married um, Miss Aaron Botnet back in September of 2023. Is that correct? >> That's correct. >> How long had you known her prior to y'all's marriage? >> Roughly seven years. >> And

do y'all work at the same >> We do. >> Company? >> We do. >> And what is your role at the company, Eddie Vision? >> I'm VP of accounting information systems. >> Were you her direct supervisor? >> No. >> And y'all y'all became acquainted through your employment? Is that Correct? >> I knew her uh, prior to employment. I helped her get the job. Okay. H how did you know her prior to the employment? >> Uh I met her at her work when she worked at Twin Peaks. >> At where? >> Twin Peaks. >> Um Twin

Peaks is a bar >> bar and restaurant >> and restaurant and and um it is you met her there and got her a job. Did you Start a romantic relationship at that point in time? >> I helped her get a job probably about two years ago. Uh we kind of hung out some in between there. Uh from time of meeting till she got the job at our company. Um, and when did y'all become romantically involved? >> Throughout the the time I've known her. Okay. >> Different instances. >> And she was having relations with other people

during that time, too. >> Leading. >> Correct. >> Well, the question is [clears throat] sustained. It was leading. Let me rest your question. >> Were you are you aware of whether or not did y'all have an exclusive relationship? >> We did not. Um, at what point in time did marriage Come into the picture? >> Um, roughly somewhere in July after she had had her child. >> Okay. >> Did you ask her to marry or was it just a hey, let's let's do this? I mean, what was the >> we we decided to kind of to

date and then as we started dating, we decided that [snorts] after knowing each other for a period of time, uh that that was the right move to make at that time Because she stated she was in love and wanted to be with me. >> Okay. Um and as a result of that, where were you living at the time? >> In Franklin. >> And where was she living? >> In Dixon. >> And did she have a home? >> She had an apartment. >> And did you have a home? >> I did. one that you owned. >>

Uh, no. Sorry. It was an apartment as well. >> Okay. You rent it and she read it. >> She read it and I rent it. Correct. >> Okay. And so y'all decided to get in, she professed her love and you hers and y'all decided to get married and did you start looking for a place to live? >> Started looking for a place prior to that. Um, somewhere in July. Uh, we talked about looking for a place. So, uh, we were looking prior to um, being Married. >> Okay. And you found a home on Yellow Creek

Highway. >> Correct. Okay. And it's a a very nice home. When y'all first did you enter into a contract prior to leave with us? >> When did you enter into a contract to purchase the property? >> In August. And we put down I put down earnest money in August. >> How much did you put down? >> It's 10,000 in earnest money. >> And then when was the closing schedule? >> Uh for September 26th. >> And y'all married when? >> September [snorts] 4th. >> And on the 26th did was there a closing on that piece of

property? >> Correct. There was. >> Placed in joint names? Yes. >> Um, was there money put down on the house? >> Roughly 160 plus the 10,000. >> And where was the source of that money? >> Came from my income. Um, 120 was in savings. 40 I took a loan against my 401k. >> Is there still a loan on the 401k? >> Yes. Comes out of my paycheck month. Uh, >> how much did y'all purchase the home for? >> It was 760. And what is the monthly payments? >> Uh 4,200. >> That doesn't include insurance and

Taxes. >> And that's when was insurance and taxes escroed in? >> It was not escorted in. [snorts] So, other than when you purchased it in September, the down payment that you made, um, are you familiar with any other increases in value or any improvements to the property that's been made that would increase it significantly going From what the purchase price was? >> There's been no improvements to the property. >> Did both of you sign the mortgage? >> I'm the only one on the mortgage. >> Do you know why? It was better to qualify for interest

rate under my income than using both. >> So even though the house is in joint names, the mortgage is only in your name. >> Correct. >> Now shortly at do you know how much she makes >> roughly? >> What what is that? >> Around 22. I think when she got the job was around 21 and there's been raises since then. And how much do you make, sir? >> Um, around to 190. >> Okay. You've assisted me. >> And that's that's without bonus, but Bonus isn't guaranteed. So, >> you have assisted me in filling out an

income and expense statement. Is that correct? >> That's correct. >> You pass this to me. Okay. Officer's going to pass you one and your honor will mark this for ID purposes at this point in time. >> All right. >> Could you review that? Does that adequately and reflect what The in what your income and your expenses are? >> Yes. Okay. So again, what you're looking at is you make about you gross about $14,000 a month. Is that right? >> Yes. >> And then the expenses that are that are spelled out, the rent, your 42 or

the mortgage is $4,200. Is that correct? >> That's correct. >> And how did you come up with the Utilities? Are those just an average of what >> that was an average of what we had had thus far? But again, this was in January, so there's only a couple months to to average it. >> Right. [snorts] So again, you've got the electricity and the gas. You have gas heat, correct? >> We have gas, electric, water. Yes. >> Okay. Um, and so again with the summer and the air conditioning things, those Are likely to go up. Is

that correct? >> Do you know what the I'll rephrase it. Do you do you do you think that these will be consistent or will they fluctuate? >> Gas will probably go down. Electric will probably go up. >> Why have you got wife's telephone? Is that just her? >> At the at the time we filed or I filed, uh, I was paying her phone bill. Um, she used my credit card multiple times. um After I'd paid it once [clears throat] >> to pay it. >> And then again, the rest of these are average expenses. Is that

right? >> That's right. And the only thing on here I haven't been paying is the Tahoe. I stopped paying it in January. >> And that's the 1,50. And that's the vehicle she's driving. Had you previously paid it? >> I've been paying it since we bought it. >> And when was it purchased? >> We purchased it in August. >> Right before the marriage. Whose name is it in? >> It's in both of our names because she couldn't qualify on her own for it. >> Okay. with a good interest rate. >> Okay. And so again, looking at

that, you're you're basically barely breaking even, even if you take away the $1,000. >> I wasn't until she started paying her bills. >> Okay. Until she started paying her Bills. Okay. Um, tell me what's led to you file. We'll move that in as the next exhibit. >> This is the first exhibit, is it? Huh? >> Yes. That first one. >> What's led to you filing this divorce? Sir, >> we started having issues in October, which was relatively shortly after being married. Um, she even told me that her therapist and her discovered that uh through their

therapy that she uh wasn't Really in love with me and that she um wanted consistency and stability for her kids uh and thought that she could love me over time. At that point in time, we talked about getting a divorce. We tried to work it out multiple times and we kind of wed back to the same spot. So, she had to go to therapy to figure out she didn't love you. >> Jackson leading sustained. >> Has she contributed anything financially to the this marriage >> other than groceries for her and her kids? No. >> What

about the um has she made any threats towards you? >> Multiple. >> Tell me about those. >> Um we got into an argument uh kind of >> verbal argument, physical argument, what? >> Verbal argument. I'm not a physical person. Um, and we talked about in that argument divorce came up and she wanted Me out of the house. She said she would throw herself against the wall and uh called the cops say I did it. That was one occasion. Another occasion she threatened or she said she'd called the cops. Uh so I said I've come to

the house, wait for the cops to get there. They never came. Recently as two weeks ago, she said that she was going to call the cops that I had hit her in front of her 12-year-old. Um which obviously I didn't. Um so Multiple times that's happened to the point where I had to get a camera uh for the room I stay in to make sure that anything would be videoed to show that I'm not a physical person >> and is she asking you to assist her with the children >> there were when the marriage was

going okay I helped take them to school I helped buy food I did multiple things And have you asked her to have there Been issues where there has been damage done to the marital residence at the hands of the children? >> There have. I was lied to about what had happened. Uh cabinet door was broken. She had told me she fell holding the baby. Uh and that's what broke what broke the cabinet. Come to find out the 12-year-old told me that he broke it. Um he didn't know that I'd been lied to about that. when

I asked her about the tree in the front yard that got run Over. Uh she said she was driving. Um and then of course u you know there's other things that have happened but it's always implied that I'm going to pay to fix it. >> Okay. >> Have they been I may have misunderstood. Are they shooting bows and arrows or something? >> There was there was he was shooting bow and arrow at the uh in the garage at a box but of course accuracy is not always On. So, there are multiple holes from from that.

Um, another thing that kind of got me a little bit uh I guess I came home one day, we were in a fight and they were going to do a fire in the uh fire pit that we have. Uh even though we're in the middle of a drought and a heavy windstorm and when I said not to do it, I was told that not to talk to our kids at all that day. >> Did they? >> They did not start the fire thankfully. >> And you You care for her children? >> I do. >> The

fact of finding out that there's possibly untruths that are being told and that don't want her children put in the middle of that, do you? >> Not at all. >> Do you feel safe living there in the home while she's there? >> I don't think she would do anything. I uh to me physically, but I do worry that if she were to after multiple threats That at some point the threats are going to come true for her saying that she'll call the cops and say I did something which I would never do. >> And how

many occasions has she threatened that? >> Three different She's threatened to call the cops four times, but three of them she was trying to imply that I had done something. >> Okay. And have you ever been physically physically abusive to her? No. >> You ever laid hands on her in any type of an aggressive or inappropriate manner? >> No. Her mother's living there, >> correct? >> Is she contributing anything financially? >> She watches the kids and helps clean the house, but nothing financially. >> Was there a discussion about that prior to her moving in? >>

I was told she was coming to visit. Um, and then after she had been there for a little bit, um, they she basically said that she was going to stay there through the winter because it was cold. She has a pull behind trailer that she has property on or she has property she could put it on. Um, but there was never really a formal discussion of how long she was going to be there. >> But is she is she bathing and fixing her meals? And >> yes, >> sleeping there? >> Yes. >> She contributing anything

to the utilities? >> No. >> Is your wife contributing anything to the utilities or to the upkeep and the maintenance of the home? >> No. Um, are you capable of maintaining the home And continuing to pay for it? >> Yes. >> Um, if the court determines that she's entitled to any equity as a result of it, do you have the availability to to buy her out of whatever the court deems would be her appropriate share? >> Uh, not at this time. >> It's all in the home. >> It everything is in the home. Is that

correct? >> That's correct. my entire family. >> Other than the threats and the non contribution financially, is there any other reason why you want her and the children and her mother out? >> No, >> that's all. Thank you. Now, Mr. I was going to have some questions for you. So, Mr. Toodel, you've known Miss Botnik for years, >> roughly seven or eight. >> Um, you got married September 4th, 2023, >> correct? >> [snorts] >> You knew she had an infant child at that time. Correct. >> Correct. >> You knew she had two other children ages

12 and 10. Correct. >> Correct. >> And you knew they would be residing in the house with you and your wife. Correct. >> You did. >> Yes. Correct. >> All right. So, you didn't have a problem with that? >> No. And you testified that you like her kids. >> Yes. >> Now, with respect to her mother, you and Miss Bachnik had a conversation about her mother coming to live there. Correct. >> Coming to visit. >> And then subsequently, you had a conversation about her mother continuing to stay there, and you agreed to it. >> We

agreed she could stay until winter was over. Um, so it's your testimony that you and Miss Bachnik had a discussion where you agreed that her mother would just come there for a very short period of time until winter. Is that your testimony? >> Yeah, my testimony is that we talked about it. Being newly wed, I agreed to do it. It >> would upset my wife. >> What did you specifically agree to? When was her mother supposed to move out? They said after winter, so I'm assuming after winter is March, April. [snorts] >> That's an assumption,

isn't it? >> It is. >> After winter, >> right? >> All right. >> You do you like Miss Bognet's mother? >> I do. We get along. >> Okay. Uh, so no issue there. You agree that she helps out with the children and that you like the children, >> correct? I want to talk about this uh shooting of a bow and arrow in the garage. Okay. Um you testified that who was it? Which child was it? >> It was Ryder. >> Okay. So Ryder sets up this box which was that like a little target, >> I'm

assuming. Yes. >> This kind of a toy bow and arrow. I mean it's not like a compound bow that >> it's a real real arrow, >> but it was a makeshift bow that he made >> like a appropriate for a child. I mean, it's a stick with I don't know what's appropriate for a child. Appropriate for child would not be a real arrow with a live head on it, Right? >> Okay. Well, describe the arrow then. >> It's a arrow that you would use to hunt deer. >> Okay. So, it's just got a normal end

on it. Correct. Like a small It's like a small arrow. >> No, it's a real fullsize arrow that you would use to hunt deer with. Not a crossbow arrow, not a toy arrow. It's a real hunting arrow. >> Okay. So, Ryder is shooting at this target, correct? >> Correct. >> And he misses and the arrow goes into the wall. Is that correct? >> I'm assuming based on the holes in the wall behind the target, I was not present. >> Okay. There are two holes. >> There's five. >> Okay. Five. Describe the holes. >> They're the

holes of an arrow. >> Okay. >> So, pencil and what's size of an arrow? Size of >> size S size of the end of that pen maybe. >> No, bigger than that. >> Well, how big? You just said a pencil? >> I'd say an arrow is what? Maybe 2 centimeters. >> Well, you just testified like a pencil. >> Yeah, I'm guessing they're similar size. >> Okay. So, is the hole about the size of A number two pencil? >> Roughly. >> Okay. I didn't measure. You would agree with me that if it's two holes or five

holes, that's a pretty easy fix. >> It's a pretty easy fix. My concern was not the holes. My concern is the safety of doing things like that inside the house. >> Well, he had a box with a target on it Inside the garage with a wall on the back side of it. Correct. >> Shooting from a range of about 2 feet where things can re, you know, ricochet off. >> That didn't happen, did it? I wasn't there so I don't know 100%. >> I didn't know he was shooting from two feet cuz I saw it

on the video. >> Okay. Um so Mr. Tuttle, do you have a copy of Your income expense statement you testified you have in front of you? >> Yes. >> Okay. >> Um so you testified that you make gross approximately $190,000 a year. >> That's salary without bonus and bonus is not guaranteed though. >> Okay. Okay. So, you make >> So, this this is this is based on my guaranteed income. >> Okay. So, you make more than $190,000? >> Yes. >> Okay. >> On a good year. >> Okay. Well, let's let's talk last year. What was

your bonus last year? >> Bonus was uh 40% of my salary. >> Okay. Give me a number. >> Uh 40% of 190 at the time. So, what's that? 70,000. >> So, you got $70,000 bonus. So, >> minus taxes >> 35%. >> Okay. But you said $180,000 and $70,000 bonus, >> right? >> That's $250,000. >> But I don't get it at the end of the year, >> right? >> It's paid quarterly, just for the record. >> When's the last time you didn't get a Bonus? >> Um, well, 40% is not what you get all the time.

Sometimes you get 20%. >> That wasn't my question. When's the last time you didn't get a bonus? >> I haven't had a B. It's been a couple years. >> So, you didn't get a bonus two years ago? >> I'm saying it's been years. >> Years, right? >> Okay. Think a decade? >> Maybe. >> Okay. Mr. Toodel, every year you get a sizable bonus, don't you? >> You're Yeah. Sizable. Yep. >> So, when you say bonus is not guaranteed, that's a little misleading, isn't it? >> No, that's the terms of the bonus. Okay. Bonus is 40%.

40% is if we hit max terms of the company. That's not misleading. >> Your track record is that you've gotten Bonus for years and years without fail. Correct. >> Mr. Just to tell you, I don't control my bonus. It's based on company performance. >> I understand you don't control it, but I'm asking you a question about the historic bonuses you receive. >> I get bonuses year after year. >> Okay. So, when you fill out this income expense statement, you've got $14,191. Correct. >> Correct. >> Okay. My math is if I multiply that multiply that by

12, I get $169,92. >> At the time, that was my salary. >> At what time? >> At the time I filed this. >> I've had I've had a raise since then to push me up close to 190. >> And that's salary. I was told to fill this out without bonus. >> Okay. Well, last year a minute ago, you testified that last year you made 180,000 instead of 190 and a $70,000 bonus. >> Yeah. So, I'm off a little bit on my number here. >> You are Well, you're off quite a bit, aren't you? >> Say

what? I said 180 169. >> You're off about $80,000. >> No, 80. That's bonus. And I just told you under oath that >> Well, you said this based on last year and last year you said you made 180. plus 70,000. >> This is based and when I filled this out, it was based on the paycheck I was getting at that time. I haven't I've gotten a raise since then. >> It says April 2024. The >> That's not when I filled this out and submitted it to my attorney. I filled it out in January. >> So,

you're making 169,000 in January. Base salary. >> It was 1701 180 somewhere in there. >> Well, you said again [snorts] last year you said I made 180,000 plus 70,000 in bonus >> roughly 250. Yeah. Okay. So, last year you made 180,000 and then as we said here today you're making 190. At some point in between you made 169,000. No. >> Well, can you explain that? I mean, >> I pulled this right off of my uh payment, my payroll. Fair to say you make 250,000 a year at least. >> Not every year. It's fair to say

you made that last year. >> Yes. >> Bottom line, Mr. T, this this is not an accurate statement, is it? No, it's accurate in terms of expenses and what I Pay out every month. >> Okay. But income's not accurate. >> Income's off by maybe what? A couple hundred bucks. >> Seems like it's off more than that. >> I can I can >> I'm going to object to the saliloquy or the conversations that he wants to have. He wants to answer ask a question. >> Honor, he he's not answering the question. We he has testified that

last year he made 180,000. He's making 190 Now. his income. >> When I said 180, that was based on salary alone. >> Mr. Tuttle, if you be quiet when we're talking. Okay. >> So, your honor, he has testified that last year he made a base salary of 180,000 plus a $70,000 bonus. He testified when Miss Roberts was questioning him that he his base salary is $190,000 with no guaranteed bonus. He said that He filled this statement out in January and his income was accurately reflected on here at that time being 169,000. That doesn't add up.

It just doesn't add up. And 180 last year, 190 now, and somehow during the meantime, it dipped down to 169 in January. And that's just my question. >> Restate your question. >> Okay, Mr. total. You did you testify earlier that last year you made 180,000 base salary approximate plus 70,000 in Bonus? >> Yes, I said approximate. >> Okay. Did you testify on direct questioning by Miss Roberts that your current salary is 190,000 >> approximate >> plus bonus? >> Plus bonus. Did you testify when I asked you about this income expense statement and in particular your

gross salary, your gross income? Did you testify that in January the number Reflected of $14,91 was accurate? >> Yes. >> Would you agree with me that $14,91 annualized is $169,92? I can't do that in my head. If you've done the calculation on it, I'm assuming you're correct. >> Okay. >> I have no problem sharing my salary. >> What What's your explanation for your testimony and the discrepancy in your Income at three different points in time? >> Well, the again I said approximate 180. I could go back and look at my salary to see if it

matched this exactly. I've had a raise since then, so I know it's approximately 190 now. I'm not afraid to show my financial statement to you so you can look at it to see what it is. >> You you've sworn under oath. This is your financial statement, an accurate Depiction of your income and expenses. >> Again, I'm going to object to the form of question. There's been no financial statement that has been admitted into evidence and there's been no proof stating that he has submitted a financial statement into evidence. It is an income and expense statement.

>> Stained as to the characterization of income and expense statement. has a financial statement that's not the same. >> Mr. T, your income's not correct on this income expense statement that you presented to the court. Correct. >> I would have to do the numbers and look at my actual paycheck. >> All right. >> [snorts] >> So, Mr. Tuttle, I want to talk about the house marital residence. Um, so you all closed on that house on September 26, 2023. Do you agree with me on that? >> Yes. >> I just want to um provide to you

a copy asking to identify >> judge. We stipulate and agree and it's been testified that the that the home is in joint names. I'm then asked the warranty exhibit. >> All right. Make a warranty de exhibit two. >> So when you all got married September 4th, you you knew what miss your wife's income was, correct? >> Yes. >> Um she'd been fully transparent with you about the money she made. There's one item that was not transparent and that was she got income income from her dad passing away. She told me it was roughly $700 a

month that she was getting which she now states she no longer gets. >> Okay. So >> yes, I knew ex outside of that. I did know child support. I know that one child uh uh Bryson was getting child support roughly $700 a month um from but there was problems with it being paid. Okay. [clears throat] Well, you knew that you made substantially more money than she did. Correct. >> Correct. >> So, you all bought this house in September Of 2023. Correct. >> Correct. >> And you knew when you bought it that you were the one

that had the ability to pay the debt, correct? >> Yeah. I I do not uh I planned on paying for house and bills, but not her bills. >> Okay. I'm talking about the mortgage payment. All right. Yeah. >> Okay. >> When you and she bought it and you all put her name on the deed because you Wanted to jointly own the house, right? That was the intention. >> The reason we put her on the house cuz we were being married and I thought that it was going to be something that would last. >> You made

that decision. >> Yes. >> You wanted her name to be on the deed with you. You wanted to own this property together. Correct. >> Correct. and This $7 to $800,000 house that you bought, you knew that it was being bought because you had the ability to pay for it. Correct. >> Correct. And I thought >> you weren't relying upon Miss >> Yeah. And again, if we could finish his answer before Mr. Odel starts questioning him again, >> please let him answer the question fully before you begin answering qu asking the Next question. >> Yeah. The

reason I put it on there, I thought that my money for the down payment would be considered separated party going into it and coming out of it only to learn that it's it's not obviously. >> Okay. So, you you agree that that that house is a marital asset, correct? >> Yeah, I think >> and the equity in it is >> again calling for a legal conclusion as Mr. Odel has pointed out earlier and I would object for asking my client to draw a legal conclusion. >> I'm sorry. Repeat that >> objection calling for a legal

conclusion. Same objection that Mr. Ogle made. It's all over the rule. John, >> I overruled his objection. I overrule I thought I overruled his objection. [clears throat] >> State your question one more time, Please. >> That Mr. Tuttle, you agree that the equity in the house, the house that's a marital asset, correct? If there is I think that does call for a legal conclusion because there [clears throat] was a difference between that question and the question that was asked by Miss Roberts. You're asking him if it's a marital asset and that is a legal term

that the court has to determine what the marital Assets are. Um if there is equity in the in the property that came I think the question M. Roberts asked was is the equity or the 160,000 whatever was paid down on the house did that come from his separate funds. That was the question she asked that you objected to as a legal conclusion. It was not a legal conclusion in this court's opinion to to ask someone if they down payment came from separate funds of that person. that you asking him if it's a marital asset Which

is a legal term used by the court in determining what are the marital and separate assets. That's the reason I'm sustaining and why why I see a difference in the two. >> Mr. Turtle, do you agree that you and your h you and your wife own this house that you live in currently together? >> She's on the title. Yes. >> You all equally own it. I mean, I guess by the title, yes. But we there's no equal to it. >> I'm going talk to you. So, you said your wife's threatened you. >> Yes. multiple times

>> since the divorce was filed. >> Uh once was prior uh back in >> roughly late October, early November, I had to go get a hotel room for two nights to let things cool down at the advice of my friend who is an attorney. Uh then there was another time um in somewhere in November where we um were disagreeing on potentially what the Divorce would do. Then there was a time uh just two weeks ago in front of her 12-year-old. >> Okay. This divorce filed January 26, 2024, correct? >> Correct. >> Okay. You and your

wife had sex since then? >> Uh once. >> So, you weren't too scared of her, were you? >> Like I said, sex with her. >> Like I said, I'm not scared of her. What I was scared of is I'm afraid that she would say that something happened, but nothing did happen. And the reason is because I think she's using that to try and get a temporary restraining order to get me out of the house. [snorts] But she had sex with her since she filed the divorce. She had sex with her. >> Yes. One time. >>

[snorts] >> approach witness. >> Mr. T, was your wife's birthday yesterday? >> It was >> What did you do for your wife's birthday? >> What? >> What did you do for your wife's birthday? >> I got her flowers, a cake, and a card. Got her an elaborate flower arrangement, didn't you? >> Wasn't that expensive? No. It >> looked pretty nice. >> It's nice, but doesn't mean it was expensive. >> Yeah. >> So, you got a nice flower arrangement. Did you give her that card? >> Yeah. >> Can you look at the card, please? >> Can

you read the card? Not Not your inscription on. I'd like for you to read The card from the beginning to the end. >> Why is your like coffee? You're awfully hot. You're nice to hold. You get my insides warming. You pick me up. You smell good, too. You're mildly habit forming. Uh, you're just right. I wouldn't change a single thing about you. Uh, and most of all, I wouldn't want to face a day without you. Happy birthday. >> What did Okay, that's what the card said. What was your inscription? What Did you handw write? >>

I said, "I know things haven't been the best. that they love you and you deserve the best. >> All right, make that card. Next exhibit. [snorts] >> So, that card reflected quite a bit of flattery toward your wife, didn't it? >> I got the card because she likes coffee and I thought it was funny. >> Do I love her? Yes, I do love her because I do care about her. Am I in Love? That's different. You love her. You say she threatens you and you want her kicked out of the house. Gave her a card

yesterday that was very flattering. Were those lies? >> No, I do love her. That's all questions I have. >> Mr. Toodel, how do you get paid? >> Uh, get paid bi-weekly. >> How do you get paid by your bonuses? >> Uh, quarterly based on company performance. >> So, you get a separate check quarterly? >> Yes. >> And do you know how much that is before you get it? >> No. And have you had a quarterly payment for 2024 yet? >> No. >> You get a paycheck. You get a pay guaranteed paycheck. Correct. And is That

what that income and expense statement was reflective of? >> Yes. >> Is that your guaranteed income to pay your monthly to pay monthly expenses and living? >> Yes. >> And is that why it's filled out that way? >> Yes. >> And again, I'm happy to share it. on are they on a fiscal year or on a Calendar year we're calendar January to December. So again after after the end of March that that ended a quarter they'll calculate and then you'll get a payment in May >> in May >> right >> for the Mar for the

March quarter >> right and I just to confirm I didn't get anything in uh for December that quarter because our company went through bankruptcy uh and as a retention measure They paid bonuses out early which was paid sometime in March I mean sorry May of last year which was part of the money I used for the down payment >> so May of 2020 23 you received a bonus. >> I received a bonus >> and that was the last bonus you received from your company. >> That's correct. Until I get paid one again in May. >>

And and if if the company meets its requirements and does that. >> That's correct. >> But you but and then that was the money you used as a down payment. >> That's correct. >> Okay. >> And again, did you receive anything >> for December? >> I have not received anything for December. >> Do you anticipate receiving anything for the fiscal for the calendar year? Any more money for calendar year of 2023? >> Nothing for 2023. >> I was prepaid for it. >> Blinking fell. Thank you, sir. >> Where do you sleep? >> I sleep upstairs.

>> Where does she sleep? >> Downstairs in her room or in the master [clears throat] bedroom. What do you want to do with this house? >> Uh, my intention would be to keep it. >> You You want to keep the house? >> I would like to keep it. >> And [clears throat] if I know what your concerns are about her remaining in the house, let's say that there's an order down of the court that restricts your conduct and her conduct towards each other in the house. Is there any way you would feel safe in living

in the house with her? >> Yeah, my safety is not question. I feel safe. Well, the false charges, I guess, would be the thing. >> Yeah, I feel better now that I have a Camera in there to make sure nothing happens. >> All right. Anybody else have anything? >> No, your honor. >> No, your honor. >> Thank you. You can step down. >> Thank you. >> We'll take our noon recess for lunch until uh 1:30. All right, [clears throat] Mr. Roberts, you're you're still putting On your proof. Um that I think we con I concluded

mine and I concluded his and I already called her. You >> you have the right to call your client now or whatever proof you want to put on. >> I just call Miss Botney. >> And judge I notified Miss Abby to take that matter off the top. >> Thank you. >> You've been previously sworn. just remind you that you remain under oath. Okay, >> Bnik, I just handed you an income and expense statement. Um, do you recall signing that statement? >> Yes. >> Okay. Um, I'm going to briefly recover some of the things that you

testified to earlier, but where are you currently employed? >> Envision Healthcare. >> Okay. And I believe you testified that your rate of pay is $22 a night. >> Yes. is um [clears throat] your gross monthly income before tax uh reflected on the income and income expense statement $3,91246. >> Yes. >> Okay. That's monthly, correct? >> Yes. >> Um and your federal tax and other taxes are $58,9.38. >> Yes. >> Okay. Um [clears throat] you have your monthly expenses listed Below. Can you go through and explain to the court what those monthly expenses are? >> So,

I pay my car payment of 1,034, my cell phone, my gas. Do you want me to list the amounts, too? >> Yeah. Are that Well, yes. >> Okay. And then cell phone, I pay $450. My fuel, gas for my car is 320. And my car insurance is 468. And food and groceries a month for us is 1,200 roughly. And um laundry cleaning supplies is uh about 350 and cleaning personal care 400. And entertainment is about 4.89 and my 401k is 11737. >> Okay. I want to go through each one of those. >> Okay. Your car

payment is on the uh SUV and and what what is that vehicle? >> Tahoe. >> And you have a copy that you'd like for me to look at? >> I'm sorry, judge. >> Obviously, it's a lot >> more difficult for me to follow along with what's being said if I'm not looking at it. You going to take a picture of it? >> I am judge. I'm a I'm a copy short. >> Just let the clock run. Just can't we just run a photo copy of what? >> I think running. >> You can go ahead and

ask, but obviously we'll run a photo copy and give you back the original. >> I thought I had an extra copy, three copies. >> Future reference. It's always beneficial if you're asking a witness about a document that you're [clears throat] going through a lot of detail on. It's always helpful to give the judge a copy of it so that I can understand it because listening to it and when you two are going over it kind of flies over my head. So, >> my apologies, judge. That's right. >> Um, Miss Botnik, I'm just going to move

on to something else then come back to that. Um, okay. So, you and your husband married in September. >> Yes. >> Okay. Um, following the marriage, uh, was a house purchased, >> right? >> And have you continued, you've continued to reside there until the present day? >> Yes. >> Are you and your husband living there Together? >> Yes. Um if the court denies the motion for exclusive possession that's been filed by your husband and puts parameters in place um relative to you and your husband continuing to to cohabitate there. Um would you abide by all

such >> Yes, I can respect that what he needs. >> Okay. Um, Miss Bachnet, going back to The income expense statement, um, the car payment, which was number one. >> See that? >> Yes. >> Okay. >> Sorry. >> It's $1,3427. Okay. That is a payment on what vehicle? >> The Chevy Tahoe. >> Okay. Do you primarily drive that vehicle? >> I'm the only one that drives that Vehicle primarily. Yes. >> Who are the titled owners to that vehicle? >> Uh, me and Jod. >> Okay. [snorts] And who is obligated on the indebtness owed? and secured

by the vehicle. >> Jody. >> Okay. Um, how long have you been been making that payment? >> I'm the past 3 months. So, I've made Three payments total. >> Okay. So, moving forward, are you willing to timely make that payment? >> Yes. >> Um, the second line item is a cell phone, >> right? >> Can you explain what the >> what that comprises? Um, my two kids have cell phones and then Sailor has an iPad and then my cell phone. So that's why it's kind of pricey. >> Okay. And have you historically made those cell

phone payments or has your husband? >> We off and on. Sometimes I need help. >> Okay. So he previous time he has paid it. >> Okay. Are you willing moving forward to continue making that payment yourself and to be solely responsible for it? >> Yes. >> Okay. Um, what is the next line item? Automobile fuel, >> right? And that's to I have to drive to Green Hills and so it racks up the gas a little bit more and um so that's for the month. >> Is that for work? >> For work? Yes. >> Tuesdays and

Thursdays. >> Now, the automobile insurance um is that for the Tahoe, >> right? Just for the Tahoe. >> Um have you historically been making that payment? Um he's helped me but um yes I am now. >> Um are you willing to continue making that payment timely moving into the future? >> Yes. >> Um food and groceries. Can you describe what that is? >> Um I make dinner every night. I don't eat out ever. And so that's for the whole month. >> Okay. [clears throat] Um, and that is does that include the The food that you

purchase for your three children? >> Right. And my mom, I feed her, too. >> Um, the remaining four items, have you historically paid those yourself? >> Yes, I have. >> Right. Now, in addition to your income that you earn through your employment, um what other monthly income do you receive is reflected in that footnote at the bottom. >> Um I get child support for Sailor and Bryson. And so Bryson's is irregular and then Sailor I get uh 687 a month from Nick. >> Okay. Now, let me stop you there. the the um child support for

Bryson. You said it's what do you mean? It's irrelevant. >> So, it changes because his dad changes jobs quite a bit and it's garnished out of his wages in Texas. So, every time he switches a job and he doesn't report his New job, um the child support stops. So, he switches quite a bit se several times a month a year. And so, that's why it's so >> not consistent. Then the final item in the footnote um you've identified as renewal income is 599.40 reduces monthly. Can you describe what that is? So my dad sold insurance

when he was alive and when he passed away I get an income from that sort of like a retirement and so monthly I get an Income from that but it's reduces every month as people pass away because it was a renewal income so it goes away slowly. So um it used to be 800 then it went to it just slowly decreases. So at a certain point it'll be be gone. >> Okay. So, was your dad an insurance agent? >> He was. >> Okay. And did he have a book of policies, >> right? >> Insurance policies.

And do those insurance policies expire or move into move to other agents over time? And is that what causes it to reduce? >> No. Um, it's policies on people. So, um, if he had a life insurance policy on someone and they pass away, then the policyy's done. But every month they pay into that policy, he gets a percentage of that money from that policy that he sold someone. >> Okay. >> So over the past 30 years that he worked there. >> Okay. [clears throat] How quickly is that monthly income reduce reducing? >> In two years

it's went from 800 to 599. So in that time period it's gone down significantly. >> Okay. Um, [clears throat] are you asking the court to permit you to continue staying and residing in the house? >> Right. My kids go to school in the same area where where they're zoned and they need consistent consistency. So, yes, I am. >> Okay. And you filed a motion asking that the marital residence be sold. Is that correct? And are you asking that the marital residence be sold and the proceeds paid into court for the court to determine down the

road how to divide it? >> Right. So, Miss Bachnik, um, your three children that live with you, um, you heard testimony about the arrows being shot, um, and you heard heard your husband's testimony that the the target was missed in the garage and it created a hole the size of a number two pencil. >> The pencil tip, >> right? It was actually So, I was going to buy putty cuz at first I thought it was a huge hole that he was talking about. And when I went to go buy putty, I saw that the hole

was barely the size of a finger, like a pencil tip. And I was like, it's not even worth um covering cuz it's barely noticeable. >> Okay. Did you just discipline the children? Oh yeah, I did. And um Ryder got his bone taken away in his guitar. His guitar's prized possession. So he got in trouble. >> That's all I have here on Roberts. >> Miss Botney, why is it that you want the House sold? Well, uh, Jody mentioned that as well because >> I didn't ask what he did. I asked, "Why do you want it sold?"

>> My client could answer the question. >> I agree. >> I don't think she's asking the question. She's answering the question. She's saying that he wanted it sold, too. But question is, why does she want it sold? So, >> um because that was a house we were married in and I just if I'm leaving then we both move on. I want the house sold. >> But just in revenge. >> No, definitely not revenge. I'm not um vindictive like that. >> Okay. Well, you've you put this income and expense statement for whatever the truth of it

is that >> I'm just argumentative. You don't have >> staying on the sidebar comments. Don't Make sidebar comments. >> You're stating that you only have $3,912 a month to support you, your three kids, and and your mother. >> Right. >> And you're going to sell a home that you've not contributed to whatsoever. Correct. >> Right. >> And you're going to have have that listed for sale. So, there's going to be a sales commission that's going to be Paid on it. Correct. >> Correct. >> And then you're going to have capital gains tax on any income

that you derive from that. Correct. Did you know that? >> Okay. Correct. >> And so you so financial gain that you think you're going to sell the house. Is it? >> Well, I the divorce is going to end us. We're not going to be together anymore. And I want a fresh start. He will want a Fresh start. I want the house sold. >> Cuz you want the money, right? >> Not necessarily. No. >> Now in your income and expense statement is $3,91246 is what your income is. But again, you're making $22 an hour, >> right?

>> So that's 45,000 and some change a year. Correct. 45,760 a year. >> Yes. >> So you divide that out and I divided by 52 weeks and that's $3,813. >> Okay. >> Where did you And do you make any overtime or anything else? >> No, we're not allowed over time. But this income that you've got up here, this monthly income before taxes does not include the 687, the 780, or the 599, which is an additional $2,66. Isn't that correct? >> Um, that's what you have on there. >> Well, you don't have it on there. I

added it up, but if you look down at the bottom, monthly in monthly court order child support 687. >> And also, um, it's not consistent. I mentioned why >> you didn't put that that doesn't in that's not included in this number is it >> is it not >> okay >> is it or is it not this is what you've introduced as your income ma'am >> it's not introduced >> okay >> because it's not consistent because he doesn't have a job half the time is bothering >> well see I asked you when I called you on

direct examination I asked you what child support you get and you know what your testimony was >> yes and I told you >> no you just said I only get it for For for Sailor, you get 687. You didn't Mention that you got it for Bryson >> because I hardly get it. >> Well, when was the last time you got it? >> Uh, last >> last month. >> No, I was Let me finish, please. Um, I got it probably back in October of 2023 and I can show proof of that. Have you instituted any cases

against him to try to collect the Money? >> Well, it's kind of pointless because it's already garnished out of his wages and it would cost me money that I don't really have to fight him. And >> so you instead let the somebody who's not the father of your child support you and provide a home for you than to go get money from the person who's supposed to be supporting that child. Well, he he does work sometimes, and when he does, I Do get money for Bryson. So, >> and I'm doing what I can. >> Make

sure he has everything he needs. >> You're doing what you can, >> right? For my kids. >> Have you gotten another job? >> No, I have a baby. Maybe. >> Okay. >> Well, >> does that preclude you from having to support your children? >> I don't think I would have time to have Another job when I work 40 hours a week. You just work 40 hours a week and your mother is you're providing a a roof for your mother on somebody else's dime. >> Correct. >> She helps she helps a lot with the children. So

that's saving me on having to get child care. >> Your 10-year-old has a cell phone? >> Yes. Everyone in his grade has one. So we have to keep up with the Joneses But because everybody in his grade has one. >> Who does he call? >> He games on it and stuff like that. That's what all the kids do these days. >> But who's paying the internet so that he can log on to it out there at Y Creek? >> I am. >> You're paying the internet >> on the phone. >> On the phone. >> I'm

paying the cell phone. >> Okay. doesn't click on and get on and not use his cellular data. >> I could use hotspot if I need to. >> Who pays for the hotspot? >> Me. I pay for my cell phone. >> Where? Okay. So, that's what you're doing. >> If I need to. >> I didn't ask what you needed to. I asked what you were doing. >> So, right now he when he's not home, he he runs off the service. >> I don't even know if he's even connected to the wireless internet half the time. He's

10. >> Now, you go to Green Hills twice a week is what your testimony is. Sometimes I go in Tuesdays and Thursdays and some she changes it up, but most of the time it's Tuesdays and Thursdays. >> No, I didn't ask quit. Most of the time you testified when I put you on the witness stand first that you go you have to go to Green Hills twice a week, >> right? >> That's not true, is it? >> Unless the weather's bad or if it's snowing. No, I don't go if it's snowing >> and you don't

go. >> And this past week, I didn't go on Tuesday because of the storms. So, it does change sometimes. So when I subpoena your work records in your that they're going to tell you you were at the office two times every week. >> Every week since the beginning of this Year. >> Yes, ma'am. Go ahead. >> That's the truth. >> Unless there's bad weather or if something is going on with the kids or if something's going on. >> Well, how many times has something gone on? >> Quite a bit. The weather. It's just was winter

>> now. I want to I've got some black and white Pictures, but I want to I I didn't print them in color and I'm going to come to you and show you these if the court will allow. Just give me a second. [snorts] And you were watching the video. You you videoed yourself and you saw your son >> shooting the holes into the into the u drywall or the it's the insulation, isn't it? >> I haven't seen >> you may approach and watch what's being shown. >> I can't even see that. So >> now zoomed

in. >> I will give you some black and white photographs here. >> And these are zoomed in. >> Yes. I'm not sure, >> right? And they're so tiny it's hard to I could putty them, but they're so tiny. >> But you have >> So if it was a huge issue, why wouldn't they do it? >> Well, why would he be pride in the house? Well, why why would you not? >> Because it was so tiny. >> Again, looking at just these color photographs, those are the black and white ones we've done. As we scroll down,

there's multiple holes shot into The insulation. And this is insulation that's on the garage door and in the drywall in the in the living in the in the garage. TR right >> the honorable move this series of pictures >> is that income is her income is that going to be >> is that going to be exhibit >> if he made an exhibit I did >> did you make >> I see made exhibit I don't think I did >> so this this going to be number four and those pictures will be number five >> now I'll

show you another and I can pull the color one up the black and white photograph >> right color. >> Did you Did you lie to your husband and tell him that you were driving the truck and ran over the >> Right. Yes, I did. >> What vehicle was was your 10-year-old Driving? >> My truck. >> The Tahoe. >> The Tahoe that that your husband is the one solely financed with. >> I am, too. I'm on there just as much as he is. >> Well, you said his name was just on the note. >> No, we

are both on there. >> Okay. You're both on that note. >> He's a cosigner. >> So, you're letting your 10-year-old drive a 2021 Tahoe to the point where he ran over a shrubbery that was there. Is that correct? >> Yes, ma'am. >> And you lied about it. >> I lied to protect my child, which any mother would do if they're scared that their their kid will get in trouble by someone. >> Well, cuz your son was driving a Did you Did he know? >> Get out of here. >> Did he know that your that you

had allowed your 10-year-old to drive a vehicle? >> I thought it was me that did it. >> So, we've established that you >> supposed to establish a ground rule. >> [clears throat] >> only one of you talk at one at a time. That's Hornik over in front of me has to take down every word that's being said and when there's conversation going on At the same time. It makes her job extremely difficult. So, do you just wait for her to finish her question and she will let you answer and if she doesn't I'll stop her

but you make sure that she answer she asks you the question. Wait, and then you answer it, please. Yes, >> sir. So we've established that you're not above line. >> I'm going to Is that correct? >> That's argumentative. >> Well, court is again the court is the one who has to try this case. Whether that is argumentative or not really has no bearing on me. It is it has been established that she lied to her husband about who was driving the car. That fact is proven. So the question itself is not evidence as we always

tell the jury. So I take it with a grain of salt. >> So in addition, you sent your husband a Text message and stated that you had fallen with the child and broke a cabinet, >> right? And that was also a falsehood, isn't it? >> That was also the same tactic of being protecting my children because >> And that's why I just said it was still a falsehood. Correct. >> I guess if you want to spin it that way, >> you lied >> that Jody >> because your son. >> Yes. >> One of your sons.

>> And I did that out of protection to make sure he didn't get on with them. >> Okay. The judge has already instructed for you to wait till I finish asking my question. Sorry, >> the judge has already instructed that you wait till you finish I finish asking the question and I will wait for your response. Can you do that? >> Yes, ma'am. Okay. >> You lied to your husband when which one of your sons whipped off or or tore a door off of this cabinet. >> Okay. So, what happened was um they broke it

and it was just hanging there. So, I finished and took it off. Did you unscrew it? >> No, I just kind of took it off. Okay. >> Causing damage to the hardware and to the wood. Correct. >> Yes. >> Did you ever take the time out and putty it and put it back up? >> No, ma'am. >> Why not? >> Cuz I didn't know how. If I did know how to do something like that, I would have fixed many things in the house that need to be done. >> Just like you didn't take the time

to go buy putty and putty the holes that your son knocked in the wall. Correct. >> Yes. >> I could judge. I'm going to make a photograph again. I apologize. These are black and white. Yeah. This is the This is the tree that he ran out of. We'll make that number six. >> And then this is the the color photos I've showed you on my computer. That's the text message as well as the damage That he that was done. So we'll move that accumulative the next cumulative exhibit >> number seven. I was sorry. I was

just trying to help you. >> No, I that's what I keep moved on. I'm going to show you a video. So this is your new baby, right? And you that's you holding him in your lap, >> right? >> And this is your oldest child, >> right? >> Doing what we were complaining about and shooting holes. And this is the photograph here shows the garage door, >> right? >> With the insulation on it, and that's where he was shooting into that. >> No, it was in front of it. >> In front of it? >> No, like

the box was like right here, the walls right here, and the garage is Like right here. So he was doing it towards this direction. fraud was not in the path of the bow and arrow. >> And how did the how did this all get? >> Well, it wasn't while I was taking a video. >> I'm going to step back. So you two occasions that you just admitted that you've lied about. Now, have you you are also communicating with another gentleman now, aren't you? >> I have a friend that I text, but I'm not >> a

male friend. >> Yes. >> That you are anticipating and and romantically texting. >> Correct. >> He lives in Chattanooga. So, >> that's where he lived. >> Okay. Well, no, we don't talk like that. He's a support, a friend, cuz I'm going through this and I need a friend and I don't have a lot of girlfriends that Really care. So, I'm reaching out to him as a >> um >> Well, I'm not I'm not trying to to question you because we're going to subpoena your text records from him. And I'm asking you right now, we've already

established that you embellish or tell false hoods, and I'm asking you right now to create a record because we have a court reporter. They are not romantic in nature. That correct? Yes or no? >> We don't really talk like that over text message though. >> Not Not >> I guess I just don't look at it that way. >> Not what y'all are going to do when your divorce is over. You can't wait to see him. >> Kind of been talking more about my feelings. >> Okay. Okay. Just understand that that you're under oath and there's

a penalty Of perjury if you testify falsely. You understand that? >> Right. >> And so you are not romantically involved with anybody. >> I have I did sleep with him. >> But we don't talk about it. >> You understand? I called you as a witness first and I asked you if you were seeing anybody, didn't I? >> I'm not seeing him. He lives in Chatt. >> Oh, you just you're just having sex with Him? >> I had sex with him twice. twice. Oh, I did sleep with him now. I have slept with him multiple times.

>> He lives in Chattanooga. I slept with him twice. Where? >> And two times in a hotel. >> Where? >> One time in a hotel, one time in a hotel. >> Where? >> The first time was um Nashville. Second Time was in Murphusboro. >> Who paid for it? >> He did. >> So, you're looking for somebody else to start taking care of you? >> No, I don't want him. And we don't even really talk now because I thought I was going to work it out with my husband. I >> Well, you lied to him. He

asked you if you were dating anybody. You know what you told him? >> If you were seeing somebody. >> I'm not seeing anybody. >> You're just having sex with somebody. >> I had sex with him twice. >> Did he Did he ask you if you were seeing somebody or having a relationship with somebody? >> He did. And I lied. I'm not seeing someone. >> You lied, didn't you? I'd ask that my client be given the opportunity to answer the questions Miss Roberts poses. >> I apologize. >> Trying to answer questions. >> Answer the question. >>

You lied to your husband about having sex with someone. >> He didn't ask if I had sex with someone. >> He didn't ask if you had sex. What did he ask you? >> If I was seeing anyone and I'm not. >> And you're not. You're just having sex with somebody. >> I did twice and I'm being honest about that. >> Well, where were your kids when you were shacking up with this man? while you're married. >> Well, at one time, um, my mom was watching them. >> Okay. >> And the other time, Oh, my mom

was watching them both times, actually. >> Did you advise her and tell her that you were going to meet another man? >> No. >> She wouldn't she wouldn't have condoneed that, would she? >> No. >> She would have been quite angry. >> Yes. >> Who is this man? >> She loves Jody. >> What's his name? >> Will. >> What's his name? >> Will. >> What's his name? Please give his full name. >> I don't care about his last name. I'm just trying to find out who is he a co-orker or just somebody I should know.

>> Oh, no. It's not a coworker. I met him on Instagram years ago and I met it with him twice. He lives in Chattanooga. >> I just thought I missed it. >> And I would like his name. I would like his name. >> Will Hansen. >> Will what? >> Will Hansen. >> Hanton >> with a H. >> Hanton. >> Hansen. >> Hansen. I'm sorry. I'm don't have my hearing aids in. And when were these leaison >> the exact dates? I don't I'd have to um >> this has gone on a while. She's admitted to the

having An affair. >> We're here on division of debt and possession of the house. With respect to the division of debt, marital fault is not a factor. >> I'll I'll move on, judge. The only other question I was going to ask is who paid for the gas and whose car did you use to drive to meet? >> Ask that question and that'll be the last one. >> He paid for everything. >> He gave you gas money? >> Yes. Cash. >> How much did he give you? >> $80. So he So this man you met on

Instagram gave you $80 to meet him in a hotel room in Murfersboro and in Nashville to have sex. >> He didn't give me >> I don't want to object. That assumes facts, not an evidence. She's implying something totally different. And >> what am I implying? >> I think you're implying she gave him >> with him for money. Pardon? >> I the way I took the question was that uh she >> I think Miss Roberts is implying that she is having sex with this man for money. I think she's implying that she was asking whether she

had expended marital funds to meet her paramore and uh that [clears throat] was the question that was put forth and she testified that the gentleman gave her uh money for Gas and so forth. I don't take it that it was in any implication of anything. It >> is there any other times that somebody's given you any other money that you've not disclosed on your income and expense statement? No. So that you you first you only told stories because you were covering for your kids. Then you told a story about h about having relations with another

man while you're still married. And it's and You also told a story about the fact of threatening to call the police and have Mr. Toodel kicked out of the house. And you you you have said that, haven't you? >> Right. I did not say that. >> You did. You're sure. >> I'm 100% sure. >> You understand? We've had there that there could be surveillance. >> Totally. >> You don't want to recant that right now? >> No. >> All right. Thank you, ma'am. You have every opportunity before this hearing is over with to recant that statement.

Are you again testifying that you never made a threat to him to call the police and have him thrown out of the house? >> The one about me throwing myself against the wall? I did not say that. >> Okay. Well, what did you say? Which time when I threatened to >> Well, I obviously there's more than one threat >> because he is kind of a bully and yes, I will threaten to call the cops on you if you threaten me. >> It ain't him. >> I don't if you can threaten me all you want to,

but when did you threaten him to call the police on him >> and have him thrown out of the house? When did you do it? >> I didn't call. >> I didn't ask if you called. I said when did you make that threat? >> I did it several times. It was um when he mentioned it too um back for December and um then between January and March. I don't know the exact dates. >> I mean just last week you did it, didn't you? >> He was being rude to me. He said, "I can't wait till

you're out of this house. Wait till a judge sees this. I'm going to make sure you're gone. You and your kids will be out on the street." >> So I was like, "You know what? I'm going To call the cops on you if you keep threatening me. >> So telling you you're rude and he pulls you out of the house is >> you're going to call the police. >> I told him to stop and he did. >> That's all right. >> You heard um Miss Roberts asked you why you want the property sold. Correct. Um,

during your husband's testimony, did you hear him Testify that he he couldn't afford to buy you out of your part of the house? >> Right. >> He couldn't access further funds. Um, so are you asking the house be sold? >> Again, I'm going to object to leading. >> No, I that's not leading. I said, are you asking? >> I wasn't able to finish my question, but >> I withdraw the objection. Rich withdraw. Are you asking the house be sold and net proceeds be paid in the court to be divided equally between the two of you?

>> Yes. [clears throat] Spockney, there's been no domestic violence in your house or has there been? >> Verbally. >> Explain that to the court. >> He can be a bully sometimes and he will keeps threatening that I'll have to Leave the house and just makes me and my kids walk on eggshells. And so that's why I said that about the cabinet and the tree cuz I was scared if he's like, "Well, you keep destroying the stuff in the house that you're just going to have to move out and leave and we have nowhere to go."

And so I basically >> you and your husband, this is Is this a large house? >> It's a little about over 3,000. So it's not too big. >> Okay. So, can you and your husband cohabitate in this house and not have much interaction? >> Right. We have a bonus room upstairs that he has been staying up there and we seem to coexist pretty well considering >> more question. John, >> you don't have anywhere to go. Why? How? What are you going to do if the house sells? >> You understand the question? She's Asking if if

you don't have any place to go, where are you going to go when the house sells? Obviously, >> I might have to get help from my sister. >> Okay. So, you have the availability to do that? >> No, I'll have to reach out if that's the case. She lives in Texas. I have no family in Tennessee besides my mom. >> But, of course, until you were caught on cross-examination about telling numerous lies, you never raised one issue or told Anything about some verbal abuse, did you? That's why it was brought up about me having to

threaten to call the police. >> Why did you have sex with this man after the divorce was served to be such an abusive person? >> Well, same instance, he had sex with me. >> Well, I asked that question. >> It was that one of those stand. >> We were both drinking and >> I want to object outside the scope Of >> and I do still love him. >> Hold on just a second. Objections outside the scope of direct sustained. I think we've heard all we need to about that. But you also told you you didn't

tell him about your paramore because you wanted to try to save your marriage. That's what you just testified to. That's all. Thank you. You may call your next witness. >> No further witnesses proof. >> No further proof. John, >> do you have your rebuttal proof? >> Uh, yes, your honor. Just briefly. I call my client back. >> I'll remind you you're on. >> You ever been verbally abusive? Uh, no. [clears throat] We've called each other names, but that's it. >> What was the question? I'm sorry. >> You ever been verbally abusive to your to your

wife? >> We've called each other names. She's what she said about being out of the house. I did say that um just because I thought that's wasn't going to happen. >> Okay. Um that's all. Thank you. We have any questions? I had just a moment. While you're thinking about your question, go ahead. So, Mr. Toodel, have you ever called your wife any derogatory names? >> I have. >> For children? >> No. But she did say when I asked her how would she pay for her vehicle when this is all over, she said she'll spread her

legs like she's always has done before. >> She would what? >> She said she would spread her legs like she's always done before. >> You called her a >> That was back in October. Yes. So, a month after you got married, you're calling your wife derogatory names. >> Ask and answered. >> That was after she had called me a troll. If >> there's an objection, you objection answer. Ask and answered. >> Objection is sustained. >> Um, so Mr. Toodel, you make a lot of money, Right? >> I do. Okay. >> Do a little more than

okay. We we established that a little bit earlier. outside the scope of redirect. >> Well, actually, you called him as rebuttal witness. So, this is not redirect. >> Well, as outside the scope of >> I don't think it applies when you recall him as a rebuttal witness. This is open cross-examination. >> To as much as you want to avoid truthfully testifying as to what your income is, you make a lot more money than your wife. >> I I can I can answer that. So the uh 14,000 that you have on there, it's cuz I took

one paycheck and I doubled it. I didn't consider that we have 26 paychecks because we're bi-weekly. So if you add that together, then it gets to 182. So that's why that was that way. When I was given that income sheet, I Took one paycheck because I don't know what the tax. I don't think of it in gross. I think of it in net. So that's why that number was 14,000. >> It's a rounding error that doesn't include an $80,000 bonus. is because this year I haven't gotten the bonus. >> You've gotten it for the past

10 years at least is what you testified to. Correct. >> I know, but I was told to put down guaranteed income. >> You're trying to re You're really trying to avoid this question, aren't you? >> I'm answering it truthfully. If I was guaranteed to get 80,000, I'd put it down. >> All right. You make a lot of money. >> Ask and answered. >> Your honor, I'm just trying to get to my point that I was about to get too early. >> You've asked him that question now three times. Sustained. >> Okay. You like to use

the fact that you make a lot more money than your wife as a threat against her children, don't you? >> No. >> I pay for everything. How's that a threat? >> You like to threaten to make her homeless, don't you? >> No. >> I don't know. Cuz I don't know her true financial situation. I figure she her Mom has property. They have a trailer. She has a place to go. But you've told her that you're going to make sure that she's kicked out of that house. >> I didn't say I was going to make sure

that. I said you will probably be out of the house. I didn't say I'm going to make sure. There's nothing within my power to do that. That's why we're in this court today. >> You you you threatened her that you and your three kids are going to be out of This house. >> I did not say you and your three kids will be out of this house. I said it'll be up to the judge. No more questions. That's all. >> [clears throat] >> You knew her for seven years before you married her, right? >> I

did. All >> right. You helped her get a job. >> I did. >> And you knew she was carrying another man's child when you married her, right? >> Uh, she already had the baby up when we met. >> We had the baby. So, she had three children by three different men. And you knew all of that before you married her? >> I did. >> So, you kind of knew what you were getting into. At least you suspected you knew. >> I kind of figured it was a 50-50 whether It was going to work out. >>

So, [laughter] stupid. I know >> most men when they get married they don't think about 50/50 chance of it working out when they uh >> you know ask someone to marry [clears throat] >> I wanted to believe >> although I will say that with the divorce rate in this country that's probably not far from far from the Average of what marriages work out and what don't but my question to this is you expected there would be problems I assume >> yeah I wanted to believe what she was telling me that she has passed going out

and partying and she was ready to be a family and settle down and she was looking for stability >> caring for you wanted to help her >> and obviously for eight years there's something there you know I was fed the Whole nine yards >> point is is that you went into this knowing that there could be problems right >> I did >> and it turned out there are problems >> within a couple of weeks I figured out there was problems [clears throat] >> but you say you still love her >> I do but I don't

think I have the same kind the love that I had before. It's More I care about her. >> All right, that's all still down. >> Thank you. >> That's our proof, your honor. There's an old saying, "Oh, what a tangled web we weave." When first we practice to deceive. [clears throat] Y'all have heard that before. It applies to everybody in this case. I think Mr. uh Toodel deceived himself when he thought that he was going to be able to marry this lady and Fix her problems and that they would live happily ever after. Although he

admits today he thought maybe only had a 50/50 chance of success in doing so. [cough] [clears throat] Um, of course, Miss uh, Aleneck has testified that, or at least there was testimony that I don't think she testified about it, but it was testimony that she didn't realize that she didn't Really love him until her therapist, I think it was, that told her she didn't really love him. And if she went out and had sex with two other men during the marriage, obviously, that would be something that she didn't marry. She did love him. So I

um this is a situation that is a temporary hearing that is designed to keep the parties and life and limb together until such time as they can conclude this matter after discovery and after mediation takes Place. They are both asking for a divorce. So therefore, [clears throat] as was pointed out, whether Miss Balknik um wants to move out of the house or not, right now that's coming. I mean, you're going to have to do it sooner or later. [clears throat] >> Mr. Toodel has indicated that he cares for her children and his concern is that

she may make some false allegation against him while they are continuing to Live together. So, it's going to take time for her to move out. [clears throat] The uh Dixon County school system concludes the school year on what? May 23rd, I think it is. >> Yes, sir. >> And uh it is this court's opinion that these parties will continue to cohabit and the marital residence until June 1st. At that point, Miss uh Balknik will be will vacate the property. Mr. Toodle will continue to own to have temporary Possession of the marital residence. I make that

uh statement because of the fact that it is not it is apparent that Mrs. uh Bognik cannot afford to take the house payments and therefore would if he is forced to leave he's going to still have to make the house payments. She has indicated that she wants to sell the house which obviously indicates she would then have to leave in the interim period. uh that they reside together. [clears throat] She will pay all Payments that she has on her income and expense statement. I have added she's showing a shortage of her uh income and expenses

that she's negative $1,556. If you add back in the child support payments and her renewable income, then that comes to $5,97846. So, it's clearly more than her expenses are, even considering those expenses, which when I look at um No, and I don't mean this to be harsh, but I don't spend $489 on recreation and entertainment a Month. Um clothing and personal care, $400 a month. Folks, you're going through a divorce. you're going to have to tighten up uh a lot of these expenses that are otherwise you might do if you're living in a nice home

and having two incomes that total over $200,000 a year. This is not going to be the case. Short-term marriages, short-term marriages that go through divorce, the court's usually looking to put the parties back in the situation they were In prior to the marriage. It's just that simple. uh short-term marriages of six months do not typically uh require or even justify the awarding of alimony or spousal support um absent some compelling circumstances. So I'm just saying these expenses that are here are going to have to be looked at. Her car payment of,3427 is fixed. It's going

to have to be paid. She's got cell phones for a 10year-old. So be it. She'll have to pay for it. her Um automobile insurance is goes with her car. Her food and groceries are $1,200 a month. Um she's only going to be required to provide food and groceries for her and her children. He will have to provide food for himself. Um, laundry and cleaning doesn't seem to be particularly outrageous, but the $400 for clothing and personal care and $489 recreational entertainment may be an area that that Miss Balknick has to kind of reduce. Mr. U

Toodel will be required To pay those in expenses that are shown on his income and expense statement. Right now, he's paying the house mortgage. He wants [clears throat] to keep the house. the issue of any credit that he is to receive from making the the payments on a temporary basis. Any increase in the equity that might result from that will be reserved for the final hearing in this case. He's providing right now for the next two months at least a place for her and the children To reside until June 1st. Um and that in my

opinion would justify that. I've taken away the $300 phone bill that she's now going to be required to pay, which means he'll have some small amount, but I also think he's got a greater amount than what's shown on here because there's some flexibility in his income. In any event, he'll pay the monthly mortgages on the house and all of those other bills that he has paid with the exception of the Chevrolet Tahoe, which she is going to be required to pay. And [clears throat] with that being the case, I will put down this further order.

These parties are both restrained and prohibited from involving law enforcement in any way, shape, form, or fashion against one another to gain an advantage in this divorce action or to seek to have the other removed from the home. A violation of this order will be contempt of court. I'm just simply Saying that. I'm not saying you would do that, but I'm saying there's been some allegation that you were going to call the police. There's some reason he might, but I'm simply saying you can't do that under this order. And as a result of that, uh,

if something happens and it turns out that somebody violates that order, they're looking at 10 days in jail for for even doing that making that type of report. If there is any indication of violence in the home, you Must come to this court, file an application for an order of protection with the Chantry Court of Dixon County, Tennessee. So, you will have that protection. And if you if you feel threatened or you have that, you have the right to apply to this court for an order protection. They will present it to me personally for me

to review since I'm the one who's hearing this case, and I'll determine whether or not there is a need for an order protection. and then Probably would have to set a hearing even if I denied it. So, [clears throat] both of these parties are restrained and prohibited from arguing, fussing, fighting, u speaking negatively to each other, cursing each other, certain words that are just uh not acceptable. And you've uttered one of those in in regards to your wife. Whether you agree with what kind of a life she's lived in the past or what kind of

behavior she's exhibited, she is your wife. She Deserves more respect just for that fact alone. And he deserves being your husband to have a little bit more respect than the than what you've shown him. So treat each other with respect in this time you live together. Either of you has the right to vacate the home upon your decision to do so. You can move out and let her have the house pending that uh she can move out if she doesn't like living there with you, but you're going to cohabit it peacefully. There will be no

fussing, fighting, cursing, or anything else. You'll reside in the upstairs bedroom. She'll reside downstairs. [clears throat] There will be no damage inflicted on this house by anyone associated with that. So, both sides are prohibited from destroying, damaging, or whatever. you are prohibited from allowing your 10-year-old to drive the car. Uh, at least at this point, just don't let him Drive the car. Um, don't let him shoot holes in the wall with a bow and arrow or whatever uh it was that was there. Just be no damage to the to the to the residence. Um, absent

an agreement otherwise, I'm going to order that there be an appraisal conducted on the value of this house [clears throat] to determine I know that wasn't necessarily requested, but it goes with the question of selling. Let's find out what the house is worth. It may be worth Considerably more in which case you may have a lot of equity that you may be entitled to. It may be a loss in the downturn of the economic market that real estate has suffered recently. it may be worth less. So, as a result of that, we're going to order

that the parties agree upon unless you have some uh >> Chris Chadam, >> I was just about to utter those words. Chris Chadam would be the person who Usually does the appraisals in this area. You have any objection to that? Chris Chadam will be authorized to perform an evaluation of the house and [clears throat] then the issue of reserving will reserve the issue of selling the house. If there is substantial equity that Mrs. Balknik would be in entitled to then it may be necessary to sell it. Mr. Toodel, you have exhausted all of your equity.

But the court will reserve the issue of your Contribution of separate monies in the determination of how any equity in the home is to be divided. So obviously if there's no equity above the contrib separate contributions then it may make sense to award it to him and he's simply eat whatever the loss is of his equity but otherwise that's the order of the court. um Mrs. U Bneck's mother and is going to continue to reside there to help her with the children. I don't want any Questions about that. You seem to like her and get

along with her. Uh if you two will treat each other with kindness and uh you know be sociable and and civil to one another, then you can coexist until the time for this to be resolved. And hopefully by the end of of May and the first part of June, you all will have been able to determine some of these issues and maybe you can resolve this and go separately and start your life over again. Seems like that's Probably where both of you are headed. So sometimes the uh fantasy we have about how great things are

going to be just doesn't work out and that's I think where we are right now. So I think both of you were looking to gain something out of this situation and unfortunately it's not going to work out for you. So, we're going to end your divorce. I noticed that they it's been pending now for um less than 90 days. Uh but it's been pending more than that for you to Talk about whether or not you want to go ahead and finalize the divorce itself. You wanted talk to your client if she wants to go ahead

and be divorced. I can pronounce the magic words today and grant you a divorce. If you want to think about it, then do so and you can let me know. >> We would prefer that, your honor, so that any rights of >> do it unless both sides, since it wasn't requested and it's not a final hearing, The only way I'll do it is if both sides desire to have that have the marriage terminate. The advantage to it is is that it fixes the date of the marriage so that we know what the contributions are to

each other. But it may be that Mr. Odel and his client don't want to do that. you want to talk about it. You can always let me know before today is over what you want to do. >> All right, Robert. Much of the hearing is a contest over each party's true financial contribution, and the law makes that inquiry central. Because both a motion for exclusive possession and a motion for temporary division of marital debt are pending, the court explains that every aspect of the party's finances becomes fair game. Who pays the mortgage, the utilities, the

vehicle, and the household expenses? Two evidentiary threads illustrate Tennessee Practice. The wife's public benefits situation. children on tinare and prior food stamps while living in a $700,000 home with available employer insurance is relevant because it bears on income, available resources, and cander. The extended cross-examination of the husband's income and expense statement where his sworn figure of roughly $169,000 collides with his own testimony of a $180,000 Salary plus a $70,000 bonus. goes to the reliability of the very document a Tennessee court relies on to set temporary support and allocate expenses. TCA section 36-4-121 directs the court

to consider each party's income and earning capacity. So, an understated income statement is not a technicality but a distortion of the equitable calculus. Note also the adverse witness rule the court invokes under Tennessee rule of evidence 611. A Party called by the opposing side is an adverse witness who may be examined by leading questions, which is why council may cross-examine Miss Bachnik despite having called her first. And when marital fault surfaces, the wife's admitted extrammarital encounters, council and the court correctly note that on the narrow question of dividing marital debt, fault is not a statutory

factor. TCA section 36-4-121 A1 makes the property and debt division Equitable without regard to marital fault. Even though fault can matter to other issues like alimony. In ruling, the judge crafts a classic temporary order that preserves the status quo while pointing the case toward resolution. He orders the parties to cohabit peacefully in the home until June 1st after the school year ends at which point the wife vacates and the husband retains temporary possession. Reasoning under the pond light authority Of TCA section 36-4-106 that because the wife cannot afford the mortgage and herself seeks to sell,

it makes no sense to displace the paying spouse. He assigns each party the expenses on their income and expense statements, trimming the wife's discretionary line items with the practical observation that divorcing parties on a shrinking single income must tighten spending. Critically, he reserves for the final hearing the two Questions that require full proof. The husband's claim to a separate property credit for his down payment and any credit for his interim mortgage payments or resulting equity. deferrals grounded in the classification and tracing rules of section 36-4-121. He orders a neutral appraisal to determine whether equity even

exists since in a recently purchased home with a large mortgage there may be little or none. He then enters mutual restraining Orders under section 36-4-106 prohibiting the parties from weaponizing law enforcement against each other or damaging the home while expressly preserving the wife's right to seek an order of protection under Tennessee's domestic abuse statute TCA section 36-3-61 and following if genuine violence occurs. a careful distinction between barring false police reports made for tactical advantage and protecting a real Safety remedy. Finally, he notes that because neither party requested a final decree and this is only a

temporary hearing, he will pronounce the divorce today only if both agree. Since terminating the marriage fixes the date that ends the acrual of marital property. The broader lesson for our audience is captured in the judge's own apherism about tangled webs and deception and it cuts in every direction. Two themes dominate.