Sunday, January 29, 2006

No Surprises

Rick had been voluntarily suppporting me in 2002 as long as I did not contact Gina or his family, friends or colleagues. He pulled the plug on the financial support in October 2002. He claimed that he was frustrated with the lack of progress we had made in reaching a settlement. Our attempts at a settlement were not successful so my attorney filed a motion to get temporary support for me until we did have an agreement. The motion led to a day of depositions.

There weren't alot of surprises during Rick's deposition. Rick was questioned about the information he provided on his financial affadavit. Rick failed to disclose that his company was paying him $3800/month for housing expenses in Boston. He had relocated to Boston in June 2002 and did not provide any documentation about the payments during discovery but the payments were revealed by requesting a copy of his employee file. Rick was submitting expense reports each month for the $3800. I wasn't surprised that Rick did not disclose that his expenses included expenses for Gina too. She had relocated to Boston with him.

A little background on Rick's move to Boston. In late March, I told Rick that I intended to file a lawsuit against his girlfriend for Alienation of Affection and Criminal Conversation. What does all that mean - it means that I could hold her accountable for interfering with my marriage and having sex with my husband. Rick wasn't too happy to hear about my plans. A few weeks later, I telephoned the HR Executive at Dialog. He and Rick had worked together at three different companies. I spoke to him about Rick's behavior and the HR Executive said that he was trying to stay out of a personal matter. When I told him that I had discovered that Rick had misrepresented many of the details of his first marriage, the HR Executive told me that perhaps I should have checked Rick's references before I married him just like HR Professionals do with job candidates! I told him that the Sheriff would serve Gina with papers at the office. I specifically asked Frank not to interfere in any way by assisting Rick with leaving town or providing any financial support to Rick. I related a story to Frank about an Executive at another company. The Executive was having an affair with a woman at the office and when his wife found out about it, she too was planning to file a lawsuit against the woman. So the company moved the executive and his girlfriend to Europe and paid off the wife so she wouldn't pursue the lawsuit. Frank was angry that I would even suggest such a thing and told me that nothing of the sort would happen in my case. Just a few weeks later, according to Rick's own deposition, Rick began discussions with his boss, the president of the company, about the problems that existed in the Boston office. It seemed that Rick was the logical choice to try to solve the problems in Boston and was given a choice of moving there or staying in Raleigh and commuting to Boston. So he chose to move to Boston with financial support from the company. In his deposition, Rick stated that he believed (imagined) that it was the HR Executive and another member of the Executive team who were involved in the decision to use company money to assist Rick with his living expenses in Boston. The Sheriff did attempt to serve Gina at the office but he was told that she no longer worked at the company. When the Sheriff attempted delivery of the papers at the last known address for Gina, she was no longer living there and did not leave a forwarding address. She had moved to Boston with Rick. It was no surprise. I told a friend of mine that I had intentionally telephoned Frank and Rick to test them! Things played out exactly as I had expected.

It wasn't a surprise to find out that Rick's claim of tuition expenses for his children was overstated. He had included a monthly amount that represented money he contributed for his children's college tuition but then disclosed that most of the money was coming from accounts funded by the children's great-grandmother.

It wasn't a surprise to hear what Rick had to say about the contributions I made to our marriage in his responses to Interrogatories. He stated in one of his responses that "she made little to no contributions, whether monetary or service oriented, to the marriage, and she did not act as a homemaker." Rick also claimed that "defendant decided that she was going to stop working completely even though she was earning substantial amounts of income". Rick made these statements in response to a request to provide a factual claim that an equal division of property would not be equitable in our divorce case. It wasn't a surprise that when confronted with the statements, his answer, in my opoinion, was logically inconsistent. He admitted under oath that I paid all the non-mortgage expenses during our marriage but still stuck to his story. The truth was that I did pay all the bills but the mortgage since Rick wasy paying alimony and/or child support to his first wife for most of our marriage. I paid for all my own clothes and other expenses. I funded the projects that improved our home and paid for some of our vacation. I never decided alone to stop working - my career was upended when we moved to Atlanta and again when we moved to Raleigh. In my opinion, Rick was often evasive in answering the questions posed to him by my attorney during his deposition and at times his answers were confusing.

I wasn't surprised to learn during Rick's deposition that he had paid off Gina's credit card debt soon after he left me. Or that he paid off her car loan early. Rick did the same thing for the woman he lived with before me. It wasn't a surprise that Gina quickly became Rick's beneficiary on his life insurance policy and defined contribution plan. Rick quickly did the same for me when our relationship began in 1995.

I wasn't surprised at what I read in court filings related to the lawsuit I filed against Gina. In her Affirmative Defense, Gina claimed that she was 'consistently lied to by Plaintiff's husband" and she pleaded as an affirmative defense that she had no knowledge of an existing marriage between Rick and me and that upon her information and belief, we were separated, living apart and awaiting a final divorce date. I believe that Gina believed whatever Rick had told her about our marriage. I believe she found Rick's stories plausible as I had in the beginning of our relationship.

I wasn't surprised when the home I Iived in went on the market in the summer of 2003 as part of a relocation benefit Rick received from his company. Rick was preparing to move from Boston to the Minneapolis area and since it was related to his promotion, he received financial assistance for his move. It is a common practice for anyone at Rick's level to receive assistance with the sale of a residence and the expenses incurred with moving personal property. I thought it was a bit unusual in this case because Rick had not lived in the house for 1-1/2 years and his last address in the area was not thehome in which I was living. I had asked about the possibility of this happening during our divorce negotiations and the answer I received at that time was an emphatic NO. But, after sixty days, a relocation company stepped in and purchased our home.