[{STAMP} FILED
NOV 26 1996
CLERK
COURT OF APPEAL]
COMMONWEALTH OF KENTUCKY
HOPKINS CIRCUIT COURT
MADISONVILLE, KENTUCKY 42431
CASE NO. 92-CI-00444
IN RE: THE MARRIAGE OF LAURA VANNOY PADGETT, PETITIONER,
AND THOMAS CARTER PADGETT, RESPONDENT.
PENDENTE LITE HEARING
18 September 1992
10:00 A.M.
- - - - - - - - - - - - - - -
REPORTER: Glenda B. Martz, R.P.R.
FOGLE & COMPANY, INC.
P.O. BOX 1002
MADISONVILLE, KENTUCKY 42431
(502) 825-4545
95 CA 21 17 <hand-written>
2
The Pendente Lite Hearing in the above-styled
action, held in the Grand Jury Room of the Hopkins County
Courthouse building, Madisonville, Kentucky, on the 18th
day of September, 1992, beginning at 10:00 A.M. before The
Honorable Harry R. Hinton, Master Commissioner for
Domestic Relations.
A P P E A R A N C E S
FOR THE PETITIONER:
Hon. Mick Hallyburton
Attorney at Law
54 South Main Street
Madisonville, KY 42431
FOR THE RESPONDENT:
Hon. Thomas E. Turner
Attorney at Law
123 East Center Street
Madisonville, KY 42431
I N D E X
examination re-examination
LAURA VANNOY PADGETT
By Mr. Hallyburton 3-18
By Mr. Turner 18-56
THOMAS CARTER PADGETT
By Mr. Hallyburton 56-78 88 - 94
By Mr. Turner 79 - 88
- - - - - - - - - - - -
Certificate 107
(L.PADGETT/Hallyburton) 3
The Respondent, THOMAS PADGETT, and Petitioner,
LAURA PADGETT, each having been duly sworn, the following
proceedings were had:
LAURA PADGETT
BY MR. HALLYBURTON:
Q1 You're Laura Padgett and you're the Petitioner in
this dissolution of marriage proceeding; is that correct?
A Yes.
Q2 Laura, briefly tell The Court, please, how you
have had physical custody of your two children, Laurie
Beau---
A Julie.
Q3 ---excuse me--- Julie and Beau for the last year.
A Well, in August of '91, we put our house on the
market. We were going to move to Michigan and---
Q4 The house in Lexington?
A The house in Lexington, Kentucky. And my husband,
Tom, went on to Michigan and started his job there in
Southfield, Michigan, and I stayed behind for roughly
eleven (11) months until the house sold mid-July, July
16th of '92, and I basically solely took care of the
children, both children.
and
(L.PADGETT/Hallyburton) 4
Q5 And, of course, they attended the Fayette County
Schools?
A They went to Community Montessori School. So, I
took them every morning and I picked them up three (3)
days a week--- or two (2) or three (3) days a week, and
the other two (2) days when I couldn't pick them up I paid
for someone to pick them up and watch them after school
until I could get home from work, because I was working in
Cynthiana.
Q6 During that time did your husband make any inquiry
of you as to his taking the children to Michigan with him
where they would attend school and literally be in his
physical custody other than visitation periods?
A No, he did not.
Q7 Did the children visit Mr. Padgett in Michigan?
A Yes. Julie visited him four (4) times, two (2) of
those times were by herself; two (2) of those times were
when her brother was present.
Q8 For how long a period of time were these visits?
A Weekends. Actually, Spring break she may have
been there five (5) days, but roughly two (2) to three (3)
days is what it amounted to. And when I just said the
thing about she was with her brother two (2) days, I'd
have to actually go back and look at it, because I know we
were all four (4) there at Christmas. But I'm not sure
(L.PADGETT/Hallyburton) 5
when the other time that she was there with her brother
was. Mostly, it was he took one (1) child or the other
child.
Q9 And since -you have moved to Madisonville, tell us
what has happened with the children as far as preparing
for their education, all the experiences, and that sort of
thing.
A Well, basically, I got the kids signed up for
school when we moved back here. Beau is in an elementary
school. We've worked out he rides the bus to and from
school. He goes to a couple of after-school programs, so
the grandparents have basically been helping to take him,
because I'm not home from work yet. Same with Julie.
Julie's at--- she goes to a---
MR. TURNER:
Let me interrupt just a moment. I don't
mind hearing this, but it appears to be
somewhat immaterial, and in fact, we
agreed that---
MR. HALLYBURTON:
I agree. I thought we had the agreement
that he wants joint custody. I'm trying
to--- having to put on a custody case.
Sole custody.
(L.PADGETT/Hallyburton) 6
MR. TURNER:
Well, do you understand, Mick, that what
we're saying is that we agree that the
physical custody of these children
temporarily appropriately would remain
with your client here in Madisonville,
Kentucky?
MR. HALLYBURTON:
Yes.
MR. TURNER:
Subject to reasonable rights of the
access of the children to their father,
and he with them.
MR. HALLYBURTON:
Visitation.
MR. TURNER:
That's our position. We're not---
MR. HALLYBURTON:
I thought I heard joint custody.
MR. TURNER:
Yes; we would like the temporary order
to say that it is a joint custody award
with Laura at the present time being the
primary physical custodian.
(L.PADGETT/Hallyburton) 7
MR. HALLYBURTON:
Which we do not agree to. I said that,
and so I'm putting on--
MR. TURNER:
Okay, I'm sorry. I was just trying to
shorten it. Go right ahead.
THE COURT:
The motion's OVERRULED under that
circumstance. Go ahead. Or the
objection's OVERRULED.
MR. HALLYBURTON:
I mean, if you think you've heard
enough, somebody let me know. But
anyway---
MR. TURNER:
I think he's heard enough.
(
9-A, cont'd) So, basically, they both are in school,
and they're attending school, and they're involved in
after-school kinds of things.
THE COURT:
If I could interject, how long have you
been in Lexington--- excuse me,
Madisonville?
WITNESS:
We've been here roughly a couple months,
(L.PADGETT/Hallyburton) 8
six (6) weeks, something like that.
MR. HALLYBURTON:
End of July, first of August.
Q10 I take it you want sole custody. Again, this is
Pendente Lite. Like, you've asked for sole custody, both
permanently and temporarily while this litigation is
continuing. Do you think it would be in the best
interests of the children for you to have sole custody
and, if so, why?
A Well, just because that's what they're used to.
And they are thriving.
Q11 You think it would be---
A I think it would be detrimental to both of them to
confuse them anymore than what's already been done. I
mean, it just makes sense.
Q12 Okay, now, tell me, if you will, on a factual
basis what you can offer them as sole custodian parent
that your husband cannot offer them.
A Well, I'm home. I mean, I'm home when they're
home, and I take them to activities, and I cook for them,
and I put them to bed and wash their hair and take them to
hair appointments and buy them clothes and listen to their
problems and pick up friends to spend the night, and the
kinds of things that a parent needs to do if they're home.
(L.PADGETT/Hallyburton) 9
Q13 Now, during the time that you and Tom lived
together as man and wife with the children, whether it be
in Lexington or Virginia or any other place that the two
of you have lived during the course of your marriage while
the children were there, who was the primary parent
between the two of you who provided these services for the
children?
A I was. And if I might interject, when we left
Lexington in--- or left to move back to Lexington in '89
or 190, the Summer of '90, we moved from Virginia, there
was another period of time when the house had not sold
when I was with the children, and I actually stayed with
the children in Virginia for three (3) months--- or two
and a half (2-1/2) months after our house sold, the
Virginia house. Tom preceded us to Lexington, and the
children and I even went into a rental so they could
finish out the school year. So, there was a period of
seven (7), eight (8) months when I was taking care of them
then, when the house sold, before our house sold in
Virginia.
Q14 With Tom, then, living in Lexington while you were
during that seven and a half (7-1/2) to eight (8) month
period with the children in Virginia?
Right. It was November of '89; the house sold in
March of '90, but the children and I did not actually move
(L.PADGETT/Hallyburton) 10
to Lexington until June of '90. So, it was from--- I had
care of them, also, from November of '89 through June of
'90.
Q15 And, of course, then, for the last year would be
the move by Tom to the state of Michigan and, of course,
your staying in Lexington until July 29 of this year when
you moved to Madisonville?
A Right.
Q16 And you have been with the children during that
time?
A Right.
Q17 And Tom has been employed how?
A He's been the General Manager of the Southfield---
or the Radisson Plaza Hotel in Southfield, Michigan. It's
a suburb of Detroit.
Q18 You have in your possession--- where do you now
live?
A I live on 208 Frederick Street in Madisonville.
Q19 Is that a rental home?
A Well, I'm renting it.
Q20 Does your father, Carl Vannoy, own that home?
A Yes.
Q21 How large a home is that?
A It's three (3) bedrooms and two (2) baths.
(L.PADGETT/Hallyburton) 11
Q22 And you live there with your son, Beau, and your
daughter---
A Julie.
Q23 ---Julie?
A Right. And the dog and the cat.
Q24 What schools are Julie and Beau in?
A Beau goes to West Broadway Elementary School.
He's in second grade. Julie goes to Browning Springs
Middle School. She's in seventh grade.
Q25 Are any of these playing sports at this time?
A Julie plays soccer. She's on the girls'--- the
first-ever girls' varsity team. She's the only seventh
grader. Her name's been in the paper.
Q26 Now, you're employed---
A Beau's actually been--- as far as sports go,
Beau's also signed up through the Y for a basketball team.
Q27 You're employed by the Hopkins County School
System as an itinerant Speech Pathologist; is that
correct?
A That's correct.
Q28 And how much do you make--- you've handed me a
document that says you make Nine Hundred and Eighty-Eight
Dollars and Ten Cents ($988.10) gross every two (2) weeks.
Have you actually received a paycheck?
(L.PADGETT/Hallyburton) 12
A No. I got that data from Hilda Price at the
Hopkins County School Board office. She told me that's
what my gross would be. She called and she gave me that
data.
Q29 Now, do you know Tom Padgett's income presently?
A I think it's Eighty-Five Thousand (85,000).
Q30 Do you know of any bonus Tom was to receive?
A I had understood from him that, if the statistics
were up at his hotel, that some time in the Fall that he
and other members of his staff would receive a bonus. It
could be Eight to Ten Thousand Dollars ($8-10,000.00).
That was my understanding.
Q31 You do not know whether he has actually received
that?
A I don't know.
Q32 Now, the house in Lexington sold--- or the closing
of that sale took place recently; is that correct?
A Right.
Q33 I hand you a copy of what I call a HUD One (1),
which is a settlement statement. Is that a copy of your
settlement statement for that closing?
A Yes.
Q34 It shows as line item six, oh, three (603) as
being a cash two (2) seller of Twenty-Eight Thousand,
Sixty-Eight Dollars and Fifty-Five Cents ($28,068.55); is
(L.PADGETT/Hallyburton) 13
that correct?
A That's correct.
Q35 And on the back, line item seven, oh, three
(703)--- it's seven, oh, one (701) through seven, oh,
three (703), seven, oh, three (703) being the total of the
commissions paid to real estate brokers as being Nineteen
Thousand Dollars ($19,000.00); is that correct?
A That's correct.
Q36 Do you know if Tom was reimbursed, or to be
reimbursed, by his company any or a part of that--- any or
all of that Nineteen Thousand Dollars ($19,000.00) for the
real estate commissions?
A Yes, he was.
Q37 How much of the Nineteen Thousand (19,000) was he
to be reimbursed?
A All of it.
Q38 Was that to be reimbursed immediately upon the
closing of this property?
A Yes.
MR. HALLYBURTON:
I'd like to make that an exhibit. Tom
Turner may want to see it.
MR. TURNER:
I think I have a copy of it. I think
Lola sent me one. Yes; I do. So, if
(L.PADGETT/Hallyburton) 14
you don't have an extra copy, just take
that one.
THE COURT:
Received.
Q39 Now, from the home in Lexington you took certain
property of furniture, furnishings, tableware, silverware,
you know, the normal things that are within a house; is
that correct?
A Uh-huh.
Q40 Do you-have all of those items still in your
possession at the 208 Frederick road, place, street
address?
A Yes.
MR. TURNER:
Again, let me interject for the purpose
of trying to simplify this, I'd asked
Tom this morning if there were any of
these things that she had moved down
here which he feels that he will need in
Michigan, and presently he doesn't think
so. And we have no objection to, you
know, the temporary use and possession
of those items of household furniture
and furnishings remaining in Laura's
possession.
(L.PADGETT/Hallyburton) 15
MR. HALLYBURTON:
Can we add to that that neither party
will sell or trade or get rid of any of
the property---
MR. TURNER:
Good idea, just the standard
order to---
MR. HALLYBURTON:
---that each has without first
notifying---
THE COURT:
I was going to do that anyhow.
MR. TURNER:
It's pretty well routine, yeah.
THE COURT: Temporarily.
MR. TURNER:
Oh, yes. Nothing is done here except on
a temporary basis, right.
MR. HALLYBURTON:
And, by the same token, there is nothing
that Tom has in Michigan that she cannot
live without pendente lite, so we don't
have to go through that.
(L.PADGETT/Hallyburton) 16
Q41 Did you and Tom--- what was your income in
Lexington, if you know?
A I'm not really sure.
Q42 Approximately how much was it a year?
A I used to get--- I guess it was roughly, maybe
Thirty (30). I used to get---
Q43 Thirty Thousand (30,000) per year?
A Uh-huh. I used to--- I'm just trying to remember.
I used to get about Thirteen Hundred (1,300) every---
let's see, I think, a pay period. I think I got Thirteen
Hundred (1,300) a month. Does that sound right?
Q44 But Thirty Thousand Dollars ($30,000.00) a year
was basically it?
A Right. I got slightly less in the Summer. I got
about Nine Hundred (900) in the Summer.
Q45 Right. Now, during that time in Lexington, did
you also have to incur the expense of baby-sitters while
you were working?
A Yes.
Q46 How much did that cost a month?
A Well, let's see, it might be--- oh, sometimes it
was as much as, like, a Hundred Dollars ($100.00).
Sometimes it was more than that, depending on---
Q47 You think it would average a Hundred Dollars
($100.00) a month?
(L.PADGETT/Hallyburton) 17
A Probably average that. What I had baby-sitters
for basically were after-school picking up the children
until I could get home from work.
Q48 Now, did you and Tom have any savings while you
were in Lexington? That is, did you have a savings
account at any bank or C-D's or anything like that, and if
so, how much generally was in it?
A Okay, I had a--- we had a joint account that I put
money in for income tax - First Security - to pay my
income tax. It wasn't much. It was like, well, Four
Hundred (400) or something that I kept in there. Tom had
a personal line of credit through---
Q49 I'm not talking about lines of credit. That'd be
equivalent, for our purposes, to a loan. I'm talking
about actual savings, accumulation of monies.
A I don't know what--- I think he had a couple of
savings accounts for the children. And I know he had a
401-K or some kind of---
Q50 That'd be through his employment, of course?
A Right. No; I guess that's it.
Q51 What did you all do with the money? Did you use
it for your living?
A Income taxes. Well---
Q52 I mean, you didn't pay taxes on a hundred percent
of the money. And so, what did you do with--- you were
(L.PADGETT/Turner) 18
making approximately Thirty Thousand ($30,000.00), Tom was
making some Seventy-Five to Eighty-Five Thousand
(75-85,000). I mean, where did the money go? If you
didn't have it in savings, did you all spend it?
A I don't know where it went. That's the most
honest answer I can give you. He was pretty much in
charge of all the money things but--- I don't know.
MR. HALLYBURTON:
I believe that's all I have.
BY MR. TURNER:
Q53 The job that you quit in Lexington when you moved
recently back--- or moved to Hopkins County you say was
about Thirty Thousand Dollars ($30,000.00) gross annually
at the time you quit it?
A I think so.
MR. HALLYBURTON:
Tom, if I may short-circuit this, it'll
come out where he pays more child
support based on her Thirty Thousand
(30,000) if you contend that.
MR. TURNER:
I'm sorry?
(L. PADGETT/Turner) 19
MR. HALLYBURTON:
The child support will be more if you
put her at Thirty Thousand (30,000) than
what she's making now based on him
making Eighty-Five Thousand
($85,000.00). He'll pay Eleven, Fifty-
-One (1151). Here's the--- there's the
breakdown.
MR. TURNER:
Is that an order, or is that your
opinion?
MR. HALLYBURTON:
No; that's what it will be. If you want
her to have the Thirty (30), we will
concede it for the purposes of this to,
as you say, shorten this thing, and
it'll come out to where he pays her one
Thousand, Fifty-One Dollars ($1,051.00).
THE COURT:
I'll let you guys argue all of this
after we've got through the testimony.
MR. HALLYBURTON:
Fine. I was just trying to save time.
Q54 Laura, could it have been more than Thirty
Thousand (30,000)?
(L. PADGETT/Turner) 20
A I don't think so.
Q55 And do you not have available to you any evidence,
such as pay stubs or something from the employer that
would show what your earnings were at the time you quit
that job?
A Uh-huh; I can get those.
Q56 But you don't have them with you in Madisonville,
Kentucky?
A Yes, I do. I have them at my home on 208
Frederick Street.
Q57 What was the purpose of quitting a job that paid
that kind of--- when did you quit?
A We sold our house. We no longer had a place to
live there.
Q58 I know, but that didn't have anything to do with
the job, did it?
A Well, I didn't have a place to live.
Q59 Well, I guess I'm asking you why did you quit your
job and move to Madisonville, Kentucky, recently?
A When our house went on the market in August of
'91, - we put our house on the market - I gave my notice
to Nancy Swiggart. At that time I worked for Swiggart and
Associates. I was on a month-to-month basis and, as a
matter of fact, I was not able to have a caseload that I
had previously had because I was going month-to-month, and
(L.PADGETP/Turner) 21
I was actually making less money. She knew that I was on
a month-to-month kind of proposition. When our house sold
on July 16th, our house sold and I had to set into motion
some kind of plan to take care of the children and myself.
I went up to Michigan; I kept asking Tom, and he said no,
you can't come up here, no, you can't come up here. I
went up to Michigan and basically found out some things on
my own and, at that point, I had to set into motion some
kind of plan to take care of the children and myself.
Q60 Okay, I guess that's what I'm--- what are you
talking about? Tell the Court what it is that caused you
to have to set a plan into effect that---
A He would not let us come up there. I asked him if
we could--- we had had not a rosy life together, and it
hadn't been easy being separated for eleven (11) months.
I understood that. We went to see a counselor whom I
called two (2) different nights. He attended with me. He
would not let us come up there. My daughter got on the
phone with him and asked him, may we--- could we at least
get an apartment up there. He said unequivocally no. So,
we--- I actually had to find a place for my children and
myself. And that's basically why I came here, and I came
to where there was less money income to be had.
Q61 Did you have the Hopkins County job lined up
before you had to move?
(L.PADGETT/Turner) 22
A No. No, I did not. My sister made a couple of
inquiries. She also works for the school board. And I
went in and interviewed on a Monday, the Monday after I
had seen Tom the last time on Saturday.
Q62 So, at the time you quit the Thirty Thousand
Dollar ($30,000.00) job and moved down here, you had no
real prospect for employment at that time; is that fair?
A Ask me the question again, please.
Q63 At the time you quit your job in Lexington which
paid, you say, Thirty Thousand Dollars ($30,000.00)
annually, you had no real solid prospects for employment
in this area; is that correct?
A Uh, well, no. You see--- I don't know if I would
say that or not.
Q64 Okay, go ahead and qualify it however you would
like.
A I knew I'd get something. I knew my children and
I would not be living out of the back of a station wagon.
Q65 Now, you live at 208 Frederick Street?
A Uh-huh.
Q66 How far is that physically or geographically from
where your father, Carl Vannoy, lives?
A It's roughly a mile. And the reason we moved
there was not because it was so close to my parents. It
was because it was in the West Broadway School District,
(L.PADGBTT/Turner) 23
and I wanted my son to go to West Broadway because it,
along with Hanson, are supposed to be the two best
elementary schools. We looked in Hanson for a home, but
we could not find something. My father was looking. So,
the reason that we settled on 208 Frederick was because it
was in the West Broadway School District.
Q67 Does your father drop by and see you and the
children frequently now?
A Well, we probably go by his house more than he
comes to our house.
Q68 About how frequently is that? And I understand---
A How often do we go to his house? Once every three
(3) days.
Q69 Have you attempted to itemize in any sense what
your children's expenses are living now here in
Madisonville?
A Somewhat. I don't feel I have all the data at
this point just because we haven't been here long enough
to establish any kind of a financial program.
Q70 Are you paying any rent to your dad?
A Uh-huh.
Q71 Okay, how much?
A It's something like Three, Twenty (320), Three
Hundred and Twenty (320).
Q72 It sounds like you're not sure how much it is.
(LPADGETT/Turner) 24
A Three, Twenty-Seven, Twenty (327.20).
Q73 That seems like an odd figure for rent. How does
Three, Twenty--seven and Twenty cents (327.20), how does
that come about?
A Gee, I don't know.
Q74 He just said that's how much the rent's going to
be, right? Is that right?
A That's right.
Q75 And do you have other expenses related to that
residence, Laura?
A There's gas; there's electric.
Q76 How much are those on the average?
A I don't know. You know, we haven't been there a
full month.
Q77 And you didn't do any checking to give The court
some idea about how much--- see, the court has to
determine how much it's going to cost for you all to live,
and we've got to have some basis for that. And what about
food? Got any idea about what your food costs are?
A Oh, me. Strictly food is probably a Hundred and
Twenty-Five (125), something like that. A Hundred (100),
Hundred and Twenty-Five (125).
Q78 It's probably more, Laura, unless you are an
extremely frugal mother, on a family of three (3).
And water, I believe, is a part of the electricity bill,
isn't
(L.PADGETT/Turner) 25
it?
A I don't know.
Q79 Are you going to be paying the utilities there?
A Yes.
Q80 What about the telephone expenses? What are they?
A I don't know. I really don't know yet. We
haven't been there--- we've been there, what, two and a
half (2-1/2) weeks.
Q81 Are there any other expenses that you can think of
that would be related to the house and its environs which
you will be expected to incur in the next few weeks or
months?
A I guess not.
Q82 Do you have any tuition or lunch or supply
expenses relating either--- well, to the children's
education? Do you have any idea what those are?
A It's like Three, Twenty-Five (3.25) a day for
their food---
Q83 Lunches, okay.
A ---for their lunch. Lunch and breakfast.
Q84 Is that both or each?
A Both.
Q85 And they eat breakfast at school also under that
cost?
(L.PADGETT/Turner) 26
A Beau does; Julie doesn't. They have their fees
for, like, soccer. Julie's involved in soccer. Fees for
the YMCA, things like that. I don't know if you want to
get into that, extraneous---
Q86 Well, if they are expenses which you believe that
you and the children legitimately will incur, yes, it's
important.
A Okay, so there was a Two Hundred and Fifteen
Dollar ($215.00) fee for the YMCA. The programs are
roughly Twenty-Eight Dollars ($28.00). Beau signed up for
basketball.
Q87 Has that fee already been paid?
A Uh-huh.
Q88 And how frequently will that recur?
A The Two, Fifteen (215) is an annual fee. The
Twenty-Eight (28), if he signs up for something in the
Spring, that's, you know, three (3) times a year.
Q89 Okay, well, surely this will be concluded before
Spring, hopefully. Now, does the Hopkins County Board of
Education supply you a medical insurance policy?
A Uh-huh.
Q90 For yourself, but not to cover the children, I
believe, unless you pay extra for it; is that correct?
A I'm not really sure.
(L.PADGETT/Turner) 27
Q91 And I believe the insurance program which Tom's
employer provides is, what, basically an eighty/twenty
(80/20) thing where they pay about eighty (80) and you all
twenty (20) after a small deductible?
A I think so.
Q92 What, as best--- if you haven't done the
calculations you won't know exactly, but surely you would
have some general idea or recollection. About how much
medical expenses have you and the children incurred in the
past over and above that which was covered by your
husband's insurance company? Can you give us some---
A Tom handled all of that. I have no idea. I'm not
trying to withhold anything; I just don't know.
Q93 I understand; you just don't know. All right.
But am I correct that some portion of your's and the
children's medical expenses and Tom's is not covered
routinely by his insurance policy? Is that correct?
A If I understand it correctly, that's probably
correct if it's eighty/twenty (80/20).
Q94 Now, what debts do you and/or Tom have that are
ongoing that require monthly or other periodic payments to
be made?
A Well, I have a MasterCard that he has co-signed
for.
(L.PADGETT/Turner) 28
Q95 Okay. Do you know what the approximate balance on
that is?
A It's roughly a Thousand Dollars ($1,000.00).
Q96 Is there a minimum monthly payment that you've
been making?
A Uh-huh. It's about, oh, Twenty-Three (23),
something like that, Eighteen (18), Twenty-Three (23)
Q97 And that's MasterCard?
A Uh-huh.
Q98 Any others that you can think of?
A There are--- now, what was the question? Anything
that we owe---
Q99 Well, I want to know about your debts, and
particularly those that periodic payments, you know,
whether the debt is billed periodically.
A Well, like, monthly gas cards wouldn't count
There's a J-C Penney card, and that has roughly--- I don't
know what it has on it.
Q100 Approximate.
A I'll say Three Hundred (300), Four Hundred (400).
Q101 Did you say you thought about a Thousand (1,000)
on the MasterCard?
A Uh-huh.
Q102 Okay. And is there a minimum monthly payment that
you've ordinarily made on the J-C Penney account?
(L. PADGETT/Turner) 29
A No; not that I know of. It might be, like, some
amount, but usually that balance pretty much paid off. As
far as that one goes, J-C Penney, there was an agreement
before this whole thing occurred, that Tom was going to
pay---
Q103 Well, agreements that you and he may have made
earlier are no longer in full force and effect. So, the
Judge--- if we can't agree again, the Judge will decide.
Any other debts that you can think about that you and/or
he have that require monthly or periodic repayment?
A No. I mean, I'm not--- I might have overlooked
something, but not really. Again--- I mean, I hate to
plead ignorance, but he has handled all that. It'd be
better to ask him. I mean, he's more--- he was more in
charge of all of that.
Q104 Now, I believe that Tom's parents had supplied, by
way of loan, considerable of the monies that went into the
house that was recently sold in Lexington; is that
correct?
A Here's what I understand. When we first bought
our house in Oldsmar, Florida, they loaned us Thirty
Thousand Dollars ($30,000.00). No, they gave us Thirty
Thousand Dollars ($30,000.00) as a gift. They did the
same thing for John, his brother up in Massachusetts. And
we lost roughly Thirty-Thousand Dollars ($30,000.00) on
(L.PADGETT/Turner) 30
that house. When we bought--- that was a gift. That's
how I understood it.
Q105 Who told you it was a gift?
A Tom told me.
Q106 Okay, go ahead.
A When we bought our house, we bought a house in
Lexington, and we recovered some of that money. Then we
bought a house in Virginia and, at that time, we bought a
townhouse. Tom's parents actually went with him to buy
the house, and they invested--- his father, if I
understand this correctly, his father invested Twenty-Five
Thousand (25,000). He invested that. Then when we bought
our house in--- and we made a lot of money on that house.
Now, I understood Tom to say he paid that money back to
his father before his father died. Then we bought a house
in Lexington. So, it's my understanding that we either---
that we paid his father back either Twenty (20)--- we
either paid him back all the Twenty-Five (25) or we paid
him back Twenty Thousand (20,000) when that house sold in
Virginia. That was my understanding.
Q107 Well, I guess the bottom line question is: do you
admit or deny that you and Tom owed his--- which would be
his mother now, wouldn't it, because his father is dead?
A Uh-huh.
(L.PADGETT/Turner) 31
Q108 ---Forty-Two Thousand, Three Hundred and Fifty
Dollars ($42,350.00) on the day that the sale was closed
up at Lexington?
A I don't think that's true.
Q109 Okay, what figure do you have---
A To the best of my knowledge, that's not true
MR. HALLYBURTON:
OBJECTION, because that has nothing to
do with pendente lite.
THE COURT:
I'm going to SUSTAIN it.
Q110 In your testimony earlier you were testifying
about from time to time the children or either of them
would go up to Michigan to be with their father and, as I
recall your testimony, you were pointing out that
sometimes only one (1) child would go, and other times
both would go, and I guess I missed something. Did I
recall your testimony correctly? Is that what you
testified to?
A The best I can tell you is I went up with Tom to
see---
Q111 Well, my question--- I'm trying to make it short.
But is that what you said? Sometimes one (1) of the
children only would go, and sometimes both of them would
go?
(L. PADGETT/Turner) 32
A They never both went just with him.
Q112 Okay, I guess--- let me try to get to it this way.
What is the significance of that in your view? I mean, I
missed the--- what you were trying to say.
A You want me to be real honest with you?
Q113 Absolutely. You must do that under oath. You
have to.
A I think that--- this is my opinion, though.
Q114 Yes; that's fine. I understand that.
A My opinion is that Beau was too much trouble to
have up there very often. So, he was willing to have
Julie up there four (4) times. Even Julie pointed it out.
And Beau was allowed to go up there two (2) times in a
year. Beau is a real handful, but he's also a wonderful
kid. He just needs very good control. And it's my
opinion - now, see, I--- this is--- I can't prove this.
My opinion is that he's difficult for Tom to manage.
That's my opinion. And I see the behavior that Beau
manifests being in the field of education. I see the
behavior that he manifests when he's around. That's my
opinion. And I'm sure he's got his opinion.
Q115 And I now understand what significance you placed
on that. Now, I was trying to determine - and I certainly
do want to do that at this time - in your opinion, is the
children's or either of their exposure to their father
(L. PADGETT/Turner) 33
calculated in any reasonable sense to be injurious to
their mental, emotional, moral or physical health?
A I--- well, I mean, I don't know what you'd say on
that. At this particular---
Q116 Well, I can't say; you'll have to say.
A Okay, at this particular point, this is how I'll
answer you. There are--- there have been letters and
things said on the phone, particularly to my daughter,
which are very confusing, about this whole divorce, about
not having done anything wrong, you know, whatever, which
does not need to be said. My daughter and my son both are
going to counseling - they're getting counseling right
now through the schools - and nothing needs to be said to
them that he's rotten or I'm rotten or anything else. To
that extent, the things--- I don't think that he would
physically harm the children, but I do have a problem with
the kinds of things that he has recently, in the last
month or so, been saying to the children, which are very
confusing in my opinion.
Q117 You are a speech pathologist in your professional
school system, and I understand you're not a psychologist
but, nevertheless, we all are psychologists when we're
dealing with our children, aren't we? And you have
explained clearly that you do not consider your husband's
and your children's exposure to each other to be
(L. PADGETT/Turner) 34
threatening to their physical health. I think you said
that very clearly.
A Uh-huh.
Q118 But I'm not sure what your answer is with respect
to the other three (3) aspects of it - mentally, morally
or emotional health.
A I don't know how much to get into here.
Q119 Let me tell you where we're coming from, and it
might help you in responding. Your attorney probably has
already explained this in part to you, that The Court may
not curtail or impede or diminish a parent's rights to
visitation with his children until there's been a finding
or after a hearing is conducted---
MR. HALLYBURTON:
We're not trying to impede, impair or
prevent his visitation, so, if that
helps you in shortening this--
MR. TURNER:
Well, then, will you stipulate, then,
that the children's association with and
access to their father, even liberally,
is not calculated to impair their
physical, mental, moral or emotional
health? That's where we're headed. Are
you willing to stipulate that?
(L. PADGETT/Turner) 35
MR. HALLYBURTON:
Based on the letters that I seen from
Mr. Padgett, I can't stipulate to all of
that. We certainly want him to stop
interjecting fault with Mom and this
divorce case and lawyers and money and
the children, which I would think is
just absolutely emotional harm to these
children. But certainly physical--- and
we want to encourage Mr. Padgett to be
able to visit with and be visited by his
children.
THE WITNESS:
That's fine. That's completely fine.
Q121 Well, the question is: in your opinion as best you
can arrive at - and I realize it's only your non-
professional, but certainly motherly opinion - is their
association with their father either on the telephone or
in person in Michigan or elsewhere calculated, in your
opinion, to adversely, significantly affect their
emotional, moral or mental health?
A Well, I thought that was just answered.
Q122 Well, Mr. Hallyburton attempted to answer it for
you, but you're going to have to testify as to it. Do you
think it is or isn't?
(L.PADGETT/Turner) 36
MR. HALLYBURTON:
I attempted to respond to your
stipulation, your proposed stipulation,
Mr. Turner. Go ahead and answer it,
Laura.
A Well, my answer stands. I think if--- recent
phone calls and letters have interjected--- they've
concentrated on problems having to do with this divorce,
lawyers, buying things, things having to do with money,
and they are extremely upsetting, in my estimation, to the
children. So, mentally and emotionally, those things have
had an adverse effect on the children recently. I can
tell you that from my observation.
Q123 Now, there was a problem, I got the impression,
with the children visiting with their dad when he was down
here a few days ago for the venue hearing, wasn't there?
A There was no problem.
Q124 Oh, did they visit with him? I'm sorry. I
misunderstood.
A Julie had a soccer game in Reidland, and we said
he could--- he could--- he was welcome. I would have
loved for him to have gone to her soccer game. He didn't
have time; he said he had to catch a plane. There was no
problem.
(L.PADGETT/Turner) 37
MR. HALLYBURTON:
He said in Court that the visitation
would be impossible for him to exercise
because the hearing went longer than
anticipated, and that he was late to
make a connection for a plane to
Michigan.
Q125 Laura, is that also your testimony?
A Yes; that's exactly what happened.
Q126 So, there wasn't any--- no problem.
A There was no problem. He could have--- I would
have loved for him to have gone to Reidland to the soccer
game.
Q127 And have you, when the children have been
permitted to communicate with their father by telephone,
have you insisted that this be on a speaker phone
supervised by you?
A Yes.
Q128 Tell The Judge about that and the reason for it.
A Just to monitor what they're hearing, basically.
Q129 For what purpose?
A To make sure that he's not saying anything about
this case, about the lawyers and whatever.
Q130 And have you had to intervene and stop him from
talking--- saying the wrong thing to your children during
(L.PADGETT/Turner) 38
those conversations that you were monitoring?
A Not really. There was--- he's just been asked to
be taken off the speaker phone. The last--- the only time
that I can think that I ever interje--- or, you know, put
any provisions on it was Tom called on Sunday night, and I
just said at the beginning it was like an understanding
that there is not anything--- you are welcome to talk to
the children, but there's not going to be anything that's
discussed about this case or lawyers or divorces or
anything else with the children; it was not okay.
Q131 So you, nor anyone else on your behalf, have ever
discussed anything about this case with either of your
children, I take it, obviously?
A Not ever? Well, I couldn't testify to that.
Q132 Well, what are you going to testify to about it?
Have you talked to them about it?
A Have I sat down--- you know what I've said?
Q133 No; I want to know.
A I have sat down and said basically what the
counselor at Broadway has told me to say, which is: this
is not your problem; this is an adult problem; it is not
your fault; you are not responsible for this. It is a
huge mess between your father and I. And I stopped short
of criticizing him. They have overheard a couple of
things, but I have actually sat down--- the counselor
(L.PADGETT/Turner) 39
advised me to say that. And that's what I've done. The
counselor's working with both--- both the counselors at
both these schools are working with the children on what a
divorce is and what their--- how they're supposed to take
it.
Q134 Have you made any recordings of these
conversations that you've monitored between your children
and their dad?
A No.
Q135 Who are the counselors with whom they're
counseling at school?
A Mr. Tucker is at Browning Springs.
Q136 The principal over there?
A Uh-huh. And Phyllis Sugg is at West Broadway.
Q137 Now, if you understand - and there must be, gosh,
dozens of definitions of a joint custody arrangement - but
if you understand a joint custody arrangement whereby the
children are in the primary care, control and custody,
physical care, control and custody of you, but understand
it to mean that the parents attempt to communicate with
each other with respect to important decisions to be made
about the children, do you see any reason why that would
not be calculated to serve the best interests of these
children, a situation where Tom is encouraged to talk with
you openly and you with him openly about problems you all
(L. PADGETT/Turner) 40
have with your children without, as you say, first going
to the children? Do you see any problem with that, or
would that, on the other hand, be---
A I don't know what you're asking me. I missed it.
Q138 Okay. Do you think it would serve the children's
interests better if you and their father would attempt to
make joint decisions, as I take it you used to when your
family was intact, about the children's welfare? Do you
see any problem with that?
A You know, I don't know that we made a lot of joint
decisions having to do with the children.
Q139 Well, aren't you kind of trying to avoid my
question, though?
A No, I'm not.
(BREAK TAKEN)
UPON RESUMING:
Q140 To be sure that we've covered all your and the
children's living expenses, I think we overlooked
automobile expenses. There's a mortgage on the vehicle
that you're driving, right? And how much was that a
month? Did you say Two Hundred (200)?
A I think it's roughly Two Hundred (200).
Q141 And who's that payable to?
A He's been paying it. I don't know who holds
the--- oh, it's some place in Farmington Hills, Michigan.
(L.PADGETT/Turner) 41
But, I mean, it was some other company.
Q142 And this is the car that you and the children are
using here in Kentucky?
A Uh-huh.
Q143 Insofar as you know, do you have all the papers
necessary for you to have in case an accident occurred or
something, you living here and Tom living up there? Do
you have everything you need?
A I don't know what's required.
Q144 Well, registration primarily, and I think you'd
want insurance. You have the registration documents and
evidence of the insurance?
A It is all--- everything's in his name up there.
That's how he---
Q145 I'm talking about in your possession here in
Kentucky, do you have those things?
A The registration and all that?
Q146 Yeah.
A Yes.
Q147 Now, were there any other---
A But you asked me something else before we ended
off, and you said that I wasn't answering the question.
Q148 I'm sorry, yeah. What did we have hanging there?
Oh, yes, yes; I recall. Yeah; let me try framing it a
little bit different. Thank you.
(L.PADGETT/Turner) 42
I believe I was asking are you of the opinion that
it would be calculated to serve your children's best
interests if you and their father, in the next few weeks
and months while we're litigating these problems between
you two (2), would frequently confer with each other,
which obviously would have to be by telephone for the most
part, but with each other, and try to make joint decisions
concerning the children's well-being, the important
decisions with respect to the children?
A Okay. The best way that I can tell you that is I
thought that you had said something about as we had done
in the past.
Q149 Well, yeah. And I should not have thrown that in.
A That's fine. To be very honest with you, in the
past, unless it was something very major, I made most of
the decisions because I was the sole caretaker.
Q150 Fine; let me then rephrase my question to
eliminate the phrase of the past.
A You mean should I communicate with him about---
Q151 From now on out while this lawsuit's going on,
shouldn't you and Tom communicate with each other when you
can to help--- to try to jointly make important decisions
for the children? Now, not whether they're going to take
a Twinkie to school or a Hershey bar, but I'm talking
about important things like their education, their
(L. PADGETT/Turner) 43
religion, and who their friends are, and the sports
activities they participate in.
A I pretty much usually made most of those major
decisions, in my opinion.
Q152 And, then, are you saying it's your opinion, then,
that you ought to continue to do that, and Tom should not
participate in those discussions at all?
A I'm not saying that he can't give his input, but I
have pretty much--- I've decided, in the last three (3)
years, I've decided where the children were going to go to
school; I've paid for it; I've either worked at the school
so they could go there, or I've paid for it completely for
two (2) years in Lexington. You know, I've pretty much
made major decisions as to after-school activities and
that kind of thing. In my opinion, that's how it's been
run anyway. He was absent.
Q153 Yeah; I think we've answered the question. The
Nineteen Thousand Dollars ($19,000.00) that you testified
that you thought was a reimbursement to Tom from his
employer of the monies that was paid as a real estate
commission to the Lexington Realtor - I want to talk about
that money - are you telling The Court that it's your
understanding that that's Tom's money to blow or to do
with what he wants to, and that there are no restrictions
on what he may do with that Nineteen Thousand Dollars
(L. PADGETT/Turner) 44
($19,000.00)? Is that your understanding?
A My understanding is this: we sold our--- from the
very beginning when he made an agreement with Carlson
Companies concerning relocation, he got what was called a
full relocation package. Carlson Companies paid for
everything. They pack; they physically move all your
goods. They won't pay for storage. That's my
understanding. That's what I'm getting from him. It was
also my understanding that Carlson Companies, for the last
three (3) moves we've had, at least, will reimburse him up
to Nineteen Thousand Dollars ($19,000.00). They give him
a separate check for Nineteen Thousand Dollars
($19,000.00). That's my understanding. That's what I
understood him to tell me. And I don't know if you want
me to get into it any further than that.
Q154 With no strings attached? I mean, that's the
question. Is it your understanding that there are no
strings attached to that Nineteen Thousand Dollars
($19,000.00)?
A The strings would be that he continues to be
employed by them, I would imagine, and goes ahead with the
move.
Q155 Other than the expressions you have heretofore
made about your disapproval of Tom's recent propensity to
discuss with the children these problems that you and Tom
(L.PADGETT/Turner) 45
now have more fully than you would prefer, other than that
complaint, what is your most severe criticism of Tom with
respect to his parenting practices and abilities?
A Well, I just have to say he's uninvolved as a
parent. Just comparing him--- I mean, this is my opinion,
but comparing him to other fathers, he does not play ball
with Beau - he's thrown the ball more with Julie - he is
extremely impatient with Beau. I mean, he--- and over the
last four (4) or five (5) months he's become more and more
impatient. He would come in and yell and scream around.
There was a lot of yelling and screaming. There was a lot
of yelling and screaming at Beau. He complains about his
back hurting when he has to take Beau to the bathroom, to
take him to the bathroom at night. There's a lot of
complaining. Now, as far as Julie goes, he seems to be
more nurturing, as far as it goes, and more tolerant of
her. Julie's a little easier to have around. He--- the
behavior changes that I see in Beau when Tom is around are
not real positive. It's not always that way, but it has
been that way a lot. He just doesn't--- he's not around
very much. And when he is around, he is--- my most severe
complaint would be that he is very impatient with Beau.
He's extremely impatient with him. Not all the time, but
a good percentage of the time.
(L. PADGETT/Turner) 46
Q156 So, I take it, then, that you are saying that you
think there ought to be more communication and more
dialogue and more connection between Tom and his children
than there has been in the past. Is that a fair
restatement of what you're telling?
A No.
Q157 Well, tell us what---
A What I would actually love to see is for him to
take some courses in parenting, to grow into or learn more
about spending time and nurturing, and Tom has done--- he
will do projects. He will sit down, say we're going to
work on this project, Beau, but it is a parallel activity.
It's not an involved son/child--- or son/adult kind of
thing. Last year Beau was in Cub Scouts. There was not
anything that he ever did with that. He may have seen the
birdhouse. I mean, I was the parent who went with Beau to
Cub Scouts. Some of that, in fairness to Tom, is he has
not been around very much and he works a lot. And that
was sort of the way I looked at it. But there's not--- I
mean, I can think of the closeness between baby-sitters
we've had and Beau that it's--- you know, he misses them,
and it's very--- he wants to be with them, and you know,
that kind of thing.
Q158 Beau wants to be with his father?
A The baby--- no, wants to be with the baby-sitter,
(L.PADGETT/Turner) 47
like, who spends time with him and does things. He's
actually a fabulous child; he's wonderful. You just have
to set in the controls with him. And that's, you know,
not always--- I have actually taken some courses, and I'll
go back and I just get the impression that it's not
something that he either feels like he has time to do or
wants to do or is able to do at this point.
Q159 So, if Tom would meet these prerequisites you're
talking about, attend some parenting classes, then, with
those prerequisites, you would think that he ought to
communicate with and have access to his children more?
A I don't care if he communicates with them, and I
don't care if he, you know, if he spends some time with
them. I do think that I'm--- I have been with the
children. I don't mind him visiting. I mean, I think
that the children should be able to at least visit with
him. I think it would be a disservice for them not to see
him.
Q160 Do you have any problem with them visiting with
their dad where he lives in Michigan?
A Somewhat.
Q161 And what is the basis of that problem?
A When I went up to Michigan--- I don't know if we
have--- I can bring it in, but when I went up to Michigan
to find out why we could not move up there, I actually
(L. PADGETT/Turner) 48
found a schedule from an employee. It was a woman
employee; she's the reservations clerk. And it had a
whole camping schedule. And this is the week when my
daughter was supposed to be visiting up there. She's a
divorced woman; she has a twelve (12) year old daughter.
And there was a whole schedule. Tom had this in his
briefcase, and with it he had--- she had also put a Post-
it note on there that had things like Friday evening - the
woman's name is Lynn - Friday evening, go to bed early,
wake up Saturday morning, have a quiet morning Lynn
returns home to put away clean folded clothes, comes back
to Tom's house for cocktails and snacks. I mean, that's
like the whole scenario. Tom's response--- he has another
sheet attached to it, stapled to it, that says, thanks for
the original plan; it was great; this may be a little more
realistic. And he's still got Thursday evening, he's got
this whole camping schedule for while Julie's there. And
he claimed that he was going to use the camping gear while
this woman--- she was going to go camping for two (2) days
with her daughter and leave all the stuff set up, and then
Julie and Tom are supposed to come and use all this stuff.
He's got Thursday evening, swordfish steak or swordsteak
on the grill and question mark. And the whole thing plays
out like that. I can actually--- I could give you a copy
of it if you'd like to see it. I have a very major
(L. PADGETT/Turner) 49
problem with--- back in March, Julie, who is twelve (12)
years old, went during Spring break to Michigan to see her
father. She went with a friend named Sidney. They needed
no one to entertain them. Tom had Lynn, this woman,
present. They went--- they took Lynn and her daughter and
another girl to the movie. And at the movie they sat
behind the two--- Tom and this woman sat behind the girls
on a row, not on the row with these girls. These were
things--- I was not there, Mr. Turner. My daughter
suspected. My daughter came back and said things to me.
I didn't solicit what she was telling me. She was
uncomfortable enough to say there was this woman there
with this long hair down to her rear end; she wears cowboy
boots, and she acts real silly; every time Daddy does
anything she's laughing. She's telling me this.
Q162 Were those your words, the rear end words, or were
those your daughter's words?
A Those were her words.
Q163 Okay. Go ahead.
A They also--- they went swimming and--- the idea---
when I confronted Tom on the phone about this after Julie
got back from Michigan, he said--- he explained it all
away, no, no, no; and at one point said the woman was
married. And then it was like, oh, she's not married; oh,
I didn't realize she was divorced. July 16th, the night
(L. PADGETT/Turner) 50
that our house sold in Lexington--- we'd been waiting for
this house to sell. Julie was up there that week. That
was the week that this Lynn had submitted a schedule to
Tom. She's a subordinate of his. And Julie was up there
visiting. Julie told me this, Mr. Turner. They--- that
night they went from the hotel down the hallway to a
building--- it's like an arcade or whatever. They went
into a Japanese restaurant. She actually told me this. I
did not ask her for this.
Q164 I understand.
A She went in and said they bought Lynn and another
employee, a man, a drink. No, they went in and they
visited with them. They left the restaurant, went back
down the spiral staircase and Tom says, oh, my gosh, I was
going to buy them a drink. This is exactly how Julie
explained---
Q165 And I assume we're talking about alcoholic drinks;
yes, okay.
A Uh-huh. Julie--- that's exactly how Julie
explained it to me. He goes, oh, my gosh, I was supposed
to buy them--- I was going to buy them a drink. He goes
back up, slips Ten Dollars ($10.00) to the owner of the
bar, the Japanese restaurant, so that the other people
don't see it or slips some money to her--- to him. They
go back to the hotel room. The phone rings, and it's Lynn
(L.PADGETT/Turner) 51
from the lobby. Not Lynn with the other employee; Lynn
from the lobby. And Tom says, she says thanks for buying
me the drink - this is what Julie tells me - he says, no
problem; why don't you come on up and have some pizza with
us; we've just ordered pizza; we'll listen to Bill
Clinton's acceptance speech. She comes up; Joe Brester,
who is our Realtor in Lexington, calls him at roughly
eight, thirty (8:30) and says that we got a contract on
the house finally after eleven (11) months of this
grueling trying to sell the house. Tom jumps from bed to
bed in elation. Lynn sits in a chair and laughs and
giggles, and Julie said she was very embarrassed. She
didn't know what to do. All this time, Mr. Turner, I'm in
Lexington in my house, and nobody has called me to tell me
that the house has sold. The other Realtor, the buyer's
Realtor, called me at eleven, fifteen (11:15) that night
and said congratulations, and I said what for. And she
said didn't anybody tell you; we got a contract on the
house. He never called me. And he is with this other
woman in the presence of my twelve (12) year old daughter,
which I think is extremely inappropriate. If he wants to
carry on, that's one thing. But in the presence of my
daughter, it's not okay. And she was very uncomfortable
with it.
(L.PADGETT/Turner) 52
Q166 So is it a fair, though simple, characterization
of your testimony that you do not--- you're not
comfortable with the children visiting with their father
in Michigan because you fear that he will expose them to a
moral climate which you do not approve of? Is that a fair
statement?
A It is possible.
Q167 But is that your fear? Is that a reasonable fear
that you have?
A Yes.
Q168 In your opinion, okay. I take it from your
earlier testimony concerning the fact that Tom apparently
was primarily the check writer and the payer of bills and
handled the finances, except I think you said you
personally paid from your earnings for certain education
for the children, but I take it that you really wanted to
participate more in bill paying and family finances than
you were able to. Is that what you were saying there?
A That I wanted to?
Q169 Well, I guess my question, Laura, is why didn't
you?
A Why didn't I? 'Cause he handled it. As far as---
Tom sent me Six Hundred and Ninety Dollars ($690.00) a
month all last year for groceries. If there were
additional expenses, I would itemize those and send those
(L.PADGETT/Turner) 53
off to him, and he'd reimburse me. I reimbursed Tom for
mileage. Tom had me pay for mileage. Every time I went
out of town for work, I had to keep a record of it, and I
had to pay him, I think it was Twenty-Five Cents (.25) a
mile. So I had to write him a check for mileage. And he
sent me a check for Six Hundred and Ninety Dollars
($690.00) a month. Those were his rules, or whatever,
that he laid out.
Q170 Just a rough calculation, and it's very rough, and
The Judge will do it more specifically later, it appears
to me that under the guidelines, assuming that The Judge
is going to use the guidelines, that somewhere in the
general vicinity of a Thousand Dollars ($1,000.00) a month
will continue to be paid to you as child support during
the time the children are in your custody. And I believe
you're--- you gave me a gross income figure. What is your
best estimate of what your net income will be from your
employment?
A Eight-something every two (2) weeks.
MR. HALLYBURTON:
No; it's not going to be eight--- it
can't be eight; that's impossible. It
may be her estimate, but it's
impossible.
(L.PADGETT/Turner) 54
MR. TURNER:
What's your estimate, Mr. Hallyburton?
MR. HALLYBURTON:
It'd have to be at least a fourth (1/4)
off for taxes.
Q171 Seventy-five (75) percent of your gross. What was
your gross---
MR. HALLYBURTON:
Twenty-One, Forty (2,140) a month. But
you have City--- it's over twenty-five
(25) percent. You have City. Are you
contributing to retirement on that as
well? Are you in the teacher's
retirement plan?
THE WITNESS:
I think I am. Do I have to sign up for
that?
MR. HALLYBURTON:
I don't know.
A My answer's I don't know.
Q172 it looks roughly to me that you would probably,
from child support guidelines and your net income, have
income of something in the area of Twenty-Five to Twenty-
Six Hundred Dollars ($2,5-2,600.00) per month. Is
there---
(L.PADGETT/Turner) 55
MR. HALLYBURTON:
True. It gives Twenty-Six (26), Twenty-
Three (23) disposable income, is my
guess.
Q173 And from the figures that you have given us with
respect to your expenses, it appears to me that you'd
easily be able to make all those expenses, including
making the car payment on the car that you're driving of
Two Hundred Dollars ($200.00) a month, and then have lots
of money left over for entertainment for yourself and the
children, which wasn't even mentioned. Am I
miscalculating somewhere? Would that not be adequate
finances, Twenty-Six Hundred Dollars ($2,600.00) net
income to you to spend per month for all those things, and
then have money left over?
A Well, I don't think--- I haven't been actually
paying for--- I've been paying for a lot of things out of
the income that I have there. But I didn't pay for,
like--- I didn't include in this entertainment for the
kids like movies and fees and all that stuff.
Q174 Yeah, right; and I--- that's what I was saying I
realize that those things are going to have to take place.
But my question is, isn't about Twenty-Five Hundred,
(2,500), Twenty-Six Hundred Dollars ($2,600.00) per month
more than adequate to take care of all those things that
(T. PADGETT/Hallyburton) 56
you've testified, including their and your entertainment?
A I don't know if it's more than adequate. I
actually haven't sat down and done a---
Q175 And there's no reason why you shouldn't be able to
make your car payment, also, I take it, out of that. It's
only, what, about Two Hundred (200) a month?
A I don't know what it is. I actually wanted him to
pay for that.
MR. TURNER:
Thanks. That's all I have.
MR. HALLYBURTON:
I'm going to call Mr. Padgett as if on
cross, then, as my next witness.
- - - - - - - - - - - -
TOM PADGETT
BY MR. HALLYBURTON:
Q176 Mr. Padgett, have you got Nineteen Thousand
Dollars ($19,000.00) as a reimbursement for the closing---
any portion of the closing cost?
A I have received that.
Q177 Where is that money?
A It was in the bank for a short period of time, and
it's been repaid to my mother as a repayment, partial
repayment, for a loan.
(T. PADGETT/Hallyburton) 57
Q178 Now, did you get any reimbursement when the house
in Virginia was sold?
A Yes.
Q179 How much was that?
A Eighteen Thousand and Four Dollars ($18,004.00).
Q180 What'd you do with that Eighteen Thousand and Four
Dollars ($18,004.00)?
A That was rolled over into the other home in
Lexington.
Q181 So you didn't have any need to pay your mother
back of the Eighteen Thousand, Four Hundred (18,400), but
now that you're going through a divorce, you suddenly felt
the need to pay back the Nineteen Thousand (19,000)?
A Incorrect. I paid her back Twenty Thousand
(20,000), as Laura had mentioned.
Q182 Well, you said you rolled it over, then, from the
reimbursement to you for the moving expenses. You didn't
do anything with that other than just roll it over and use
it for yourself; isn't that true?
A No; it went into our new home for our family---
Q183 Isn't that using it for yourself?
A For our family.
Q184 Mr. Padgett, have you gotten a bonus from your
employer recently?
A No, I have not.
(T. PADGETT/Hallyburton) 58
Q185 Are you entitled to a bonus at this time?
A Perhaps at the end of the year as calculated on a
calendar year based on performance, financial performance
of the hotel, and is paid out usually in the first quarter
of the year.
Q186 What do you anticipate that bonus to be?
A it depends on the remainder of the year.
Q187 What do you anticipate it to be? I'm not asking
what it depends upon.
A At this point in time I have no idea. It could be
zero (0) at this point in time based on---
Q188 So you anticipate a zero (0)---
A ---based on the economy in Detroit.
Q189 You anticipate a zero (0) bonus?
A It looks like it at this point in time.
Q190 You have disposable income of Five Thousand, Five
Hundred Dollars ($5,500) a month; is that correct?
A That's correct.
Q191 Based upon your net--- and that's taking that
document that Mr. Turner furnished us and multiplying it
out. Now, what are your expenses?
THE WITNESS:
Do I want to supply or---
Q192 Monthly expenses.
(T. PADGETT/Hallyburton) 59
MR. TURNER:
Yeah; you can tell him as best you know.
I mean, I didn't question his relevance,
but I don't have any real problem with
you telling him.
A I have rent.
Q193 How much is your rent?
A As of Wednesday, I moved into a new home - an old
home, rather - it's a rent. It's Twelve Hundred Dollars
($1,200.00) a month.
Q194 And how large is that old home?
A Four (4) bedrooms, three (3) baths.
Q195 How many square feet?
A Approximately twenty-one hundred (2,100).
Q196 Why do you need a four (4) bedroom, three (3) bath
home for yourself?
A Because I intended to have my family there.
Q197 You need four (4) bedrooms? You couldn't find
anything cheaper?
A I could've lived in a one (1) bedroom apartment,
if that's what you're implying.
Q198 Where were you living before you moved into this
house?
A I was living in a combination of the hotel, in a
hotel room.
(T. PADGETT/Hallyburton) 60
Q199 And how many bedrooms did that have?
A Three hundred and eighty-five (385).
Q200 How many did you occupy?
A I occupied two (2).
Q201 You have Twelve Hundred Dollars ($1,200.00) a
month rent. Is that on an option to purchase that home?
A There is an option to purchase it; that is
correct.
Q202 A written contract exists for that home?
A On a rent basis, yes.
Q203 Does it include the option to purchase?
A There is an option to purchase; yes.
Q204 Is that a written contract?
A At this point in time, it's a rent agreement.
Q205 Is that a written contract?
A It's in writing.
Q206 Do you have a copy of that writing with you in
Madisonville today?
A No, I do not.
Q207 Do you have a copy of that writing in your
possession or easy access when you return to Michigan?
A Yes.
Q208 How much of your rent goes toward the purchase
price of that home---
A Nothing.
(T. PADGETT/Hallyburton) 61
Q209 ---if you exercise the option to purchase?
A Nothing.
Q210 What is the purchase price of that home if you
exercise your option?
A A Hundred and Fifty-Four Thousand (154,000).
Q211 Do you get your meals--- or do you have access to
free meals at your place of employment?
A Yes; I do during the periods that I'm working.
Q212 Do you get laundry paid for or provided through
your employment?
A Only dry cleaning.
Q213 When did you make the Nineteen Thousand Dollar
($19,000.00) payment to your mother?
A September 01.
Q214 When did you get the Nineteen Thousand Dollars
($19,000.00)?
A August 31st.
Q215 Did you endorse the check, or make a deposit of it
into any account that you have?
A Yes, I did.
Q216 What bank was that with?
A Manufacturer's Bank.
Q217 Manufacturer's Bank?
A That's correct.
(T. PADGETT/Hallyburton) 62
Q218 Do you have a checking account at Manufacturer's
Bank?
A Yes, I do.
Q219 What is the balance in that checking account
presently?
A Approximately Two Thousand Dollars ($2,000.00).
Q220 Apparently, you and Laura didn't have any great
savings. It was cash on hand; is that correct?
A The only savings we have that I contributed to was
approximately Twelve Hundred (1,200) for Julie, Six to
Nine Hundred (6-900) for Beau, and Twenty-One Thousand
(21,000) is in an IRA account. And that was a rollover
from when I moved from Washington, D.C. to Lexington.
That was a 401-K, and I took it and moved it into an IRA
account to avoid taxation. But that's non-taxed income;
it has not been taxed.
Q221 Has that IRA now been rolled over into your 401-K
that you presently have?
A No.
Q222 Where is your IRA?
A It's in Lexington with the American Fund. It's a
mutual fund.
Q223 What was your annual contribution to the IRA
account?
A Nothing.
(T.PADGETT/Hallyburton) 63
Q224 Your employer made that?
A No; nobody made it. There were no annual
contributions.
Q225 How did it get Twenty-One Thousand Dollars
($21,000.00) in it without contributions?
A It got rolled over from a 401-K program.
Q226 Through your employment?
A Yes. When I moved, I had to take it out, and it
was put it. Nothing was added to it.
Q227 And so, approximately the--- how much per week or
per pay period would go into this IRA account when it---
or excuse me, the 401-K that was rolled over? Would that
have been about a Hundred and Sixty Dollars ($160.00) or
Fifty (50), whatever?
A It may have been more than that because I think I
was contributing more back then than I am now.
Q228 When you were working in Lexington, did you make
any contributions to a 401-K or an IRA?
A No.
Q229 So, it's safe to say, then--- when did you make
the contributions for the Twelve Hundred Dollars
($1,200.00) for Julie's--- I assume that's an educational
account?
A Uh-huh.
Q230 When did you make that contribution?
(T.PADGETT/Hallyburton) 64
A In the current account that it's in now,
approximately Spring of 1990 it was in a savings account.
Q231 How many years did it take for it to accumulate to
the Twelve Hundred Dollar ($1,200.00) figure?
A Part of it, I think the original Five Hundred
(500), was given to by one of our parents at the time of
her birth.
Q232 Part of it'd be interest; right?
A Part of it was some additional contributions.
Q233 So, if we say Fifty Dollars ($50.00) interest at
most, your's and Laura's contribution would have been Six
Hundred and Fifty Dollars ($650.00) at the most over a
period of years; is that correct?
A Mine.
Q234 Now, Beau's, was there any seed money for starting
Beau's educational account?
A I don't think so.
Q235 How long a period of time was it for that to
accumulate Nine Hundred Dollars ($900.00)?
A Approximately the time of his age.
Q236 Okay. So, he's now---
A Seven (7) years.
Q237 ---seven (7) years.
A Going to be eight (8).
(T. PADGETT/Hallyburton) 65
Q238 So roughly a Hundred Dollars ($100.00) a year
contribution to it?
A Yeah, per year, but it was probably only in two
(2) sums. So maybe Five Hundred (500), maybe Three
Hundred (300), and then interest, approximately.
Q239 So while you were in Lexington, you and Laura did
not accumulate any savings into your retirement account,
you may have made a slight contribution to Beau's and
Julie's educational accounts, and that's the savings that
you all have accumulated; is that correct?
A That is correct.
Q240 So, therefore, while you were in Lexington, you
and Laura just literally spent all the money that you had;
right?
A That's correct.
Q241 And that's just the lifestyle that you all led?
A Pretty much so.
Q242 Now, you have Five Thousand, Five Hundred Dollars
($5,500.00) a month disposable income. Laura, if you
include child support based upon the worksheet that I did
based on her present income and your present income, your
base income, Laura has Fifteen Hundred (1,500) from her
work and Eleven, Twenty-Three (1,123) from child support.
She would have Two Thousand, Six Hundred and Twenty-Three
Dollars ($2,623.00) a month disposable income; is that
(T. PADGETT/Hallyburton) 66
right? I can do the calculation for you. I'm trying to
move it along.
MR. TURNER:
Please do.
MR. HALLYBURTON:
Do the calculation?
MR. TURNER:
Yes.
MR. HALLYBURTON:
Okay, you add Fifteen Hundred Dollars
($1,500.00) plus Eleven, Twenty-Three
(1,123) is Twenty-Six, Twenty-Three
(2,623).
MR. TURNER:
We'll accept that.
Q243 I don't have any problem doing it in my head. You
have Fifty-Five Hundred (5,500); right?
A That's correct.
Q244 Now, you pay Two Hundred Dollars ($200.00) a month
for the Eagle automobile. Are you asking The Court to
order Laura to pay that?
A Yes; while it's in her---
MR. TURNER:
Let me make clear, just pendente lite,
the Two Hundred Dollars ($200.00) a
(T. PADGETT/Hallyburton) 67
month.
MR. HALLYBURTON:
I'm asking him the question. I can
understand---
MR. TURNER:
You're asking his legal position, and I
will state his legal position.
MR. HALLYBURTON:
No, I'm not. I'm asking him what's he
asking The Court to ask pertaining---
MR. TURNER:
Okay. I'm telling you that his legal
position with respect to that is that
we'd like from the income that Laura has
to order her to make the Two Hundred or
so Dollar ($200.00) monthly payments on
the Eagle if she's going to use it.
Q245 Mr. Padgett, why can't we just equalize things
based upon your spendable income, Laura's spendable
income, which would be Five Thousand, Five Hundred
($5,500), yours, less the child support paid. That
equals Four Thousand, Three Hundred and Seventy-Seven
Dollars ($4,377.00). Laura has spendable income, adding
the child support to her's, of Two Thousand, Six Hundred
and Twenty-Three (2,623). Therefore, there's a Seventeen
(T. PADGETT/Hallyburton) 68
Hundred and Fifty-Four Dollar ($1,754.00) per month
difference in your all's spendable income. You spent
everything in Lexington. Why wouldn't it be fair for you
all just to split this Seventeen, Fifty-Four (1,754)?
MR. TURNER:
I would make response to that.
MR. HALLYBURTON:
No; I don't want you to make a response
to it. I want you to state an objection
if you have one. You don't have the
right to make a response, and I will ask
The Court to admonish Mr. Turner that he
doesn't.
MR. TURNER:
Your Honor, the answer to the
question--
THE COURT:
Did you have an objection?
MR. TURNER:
Yes. The answer to the question--
MR. HALLYBURTON:
Would you state your objection?
MR. TURNER:
I'm sorry?
(T. PADGETT/Hallyburton) 69
MR. HALLYBURTON:
Would you state your objection?
MR. TURNER:
I will if I may do so without being
rudely interrupted. My OBJECTION is
that the answer to the question is one
of a legal nature, not a factual nature.
The answer to the question is that Mr.
Padgett will comply with whatever valid
final orders of The Court are entered
with respect to pendente lite--
THE COURT:
I'm going to SUSTAIN his objection.
Q246 Mr. Padgett, do you get your meals--- how many
meals a day would you take at the hotel?
A One (1).
Q247 Lunch? What would the value of that be?
A If I eat in the employee's cafeteria,
approximately Three Dollars ($3.00) cost. If I eat in the
restaurant, cost is supposed to retail perhaps Five (5) or
Six (6).
Q248 Do you eat in the restaurant or the employee's
cafeteria?
A Mostly employee's cafeteria.
Q249 Mr. Padgett, why are you seeking joint custody?
(T. PADGETT/Hallyburton) 70
MR. TURNER:
As opposed to no custody, or as opposed
to sole custody? But you may respond to
that. Is that your question, as opposed
to---
Q250 My question was just that. Why are you seeking
joint custody? Did you misunderstand it?
MR. TURNER:
I'm sorry; I guess I did. I'm sorry.
Go ahead.
A You're referring to temporary joint custody?
Q251 I'm referring to joint custody. You've brought up
the--- or your lawyer has, of joint custody. Are you
seeking joint custody?
A Permanently I'm seeking custody.
Q252 Are you seeking joint custody?
A Temporarily.
Q253 Why?
A Because of a history of my involvement, which I
believe is wrongly testified today. My involvement with
my children has been extremely positive. A very liberal
amount of time has been spent with my children. I was my
daughter's soccer coach. I was very, very involved in the
decisions of my children. I spent a lot of time with
them, including being involved in the birth process of my
(T. PADGETT/Hallyburton) 71
children. Currently, my feelings since August the 09th,
the intervention, the very, very negative intervention of
their mother and her mother relative to issues that one of
my children were exposed to that day - actually, both of
them were exposed to that day - subsequent conversations
with my children with the involvement of Laura's family;
also, relative to Laura's attorney, and those decisions
are being made without me, and I feel it's very important
that I have a decision in these children. The testimony
today, what Laura's opinions are, are, in fact, opinions
and not fact. There is suspicion there. I'm also
concerned relative to the distribution of child support
relative to the history of funds to care for the children.
Additionally, I agree with Laura; our son is a very,
extremely bright, energetic child. Does require a great
deal of attention and effort, but he's a neat kid; he's a
fun kid. I believe it to be true and in factual that he
does test a lot of people, including his own mother.
However, relative to our daughter, who is more of a mild,
more manageable child, that there has been a great deal of
history between her mom and herself and a great deal of
yelling and screaming and emotion between those two. And
I think the testimony by Laura saying that I got along
better with her than I did with my son is probably a
reverse reflection there of really what is the truth. I
(T. PADGETT/Hallyburton) 72
think they have been subjected to a negative environment
relative to their father. I do believe that their
relatives, their grandparents, aunt and uncle and I do not
question Laura's love of her children, and I'm sure she
does not question mine - but there have been, in trying to
seek a reason why years and years of why we can't come to
agreement as she testified into how the kids were raised,
a lot of times the kids were exposed to disagreements
between ourselves and seen by them as argumentation
relative to them or regarding their being brought up, or
testing our own patience, which would be observed. And
this is something that I think is most definitely an
issue, all these issues relative to my involvement, which
has been extremely positive, can be testified to.
Also, relative to my interaction with having to go
to Lexington and family and friends and neighbors and
many, many instances where very negative things have been
said about myself, my character, accusations regarding
Laura making them of myself, and in many positions where
she is contributing a great deal of effort to discredit
and harass my and our acquaintances which, I believe, in
my opinion, would be to establish a basis, false or not,
to get to where we are now in terms of custody and so
forth. I believe the basis to be much deeper and longer
than that.
(T.PADGETT/Hallyburton) 73
In summary, I've been a very good father, and
many, many people can testify to that. Additionally, even
if the question brought up today - and also I've got
correspondence from Laura to my mother and was again
brought up today regarding my daughter being aware of
things - I know for a fact that my daughter was not aware
of anything. The incident where she was up visiting me
with a friend, that she looked around with a rather odd
look on her face why Mommy wouldn't let her off the phone
because she kept inquiring all these questions about her
friend, another person, another lady. Obviously, there
was something more being pulled out by Laura as an attempt
to make it an issue, and obviously was done so upon her
return subsequent visit by my daughter when the house was
sold and I was jumping on the bed; that's correct. I was
elated. However, it was in the presence of two (2) other
children. The conversation by the attorney--- or by the
Realtor regarding the sale of my home was not a final
discussion; it was a stage where we were trying to reach a
conclusion on the sale of the home. The testimony here is
very one-sided, very extremely opinionated, and based on
non-factual issues and I hate--- and I know my children
are being exposed to that relative to their dad, and it's
extremely false and wrong and incorrect and I do feel I
have a right to have say with those children, especially
(T. PADGETT/Hallyburton) 74
in light of what is occurring during this time. The most
important and, I think, the damaging issue that I also
want them to understand, my two (2) children, is on the
09th, August the 09th, that they were--- Laura and her mom
called the police when there was no reason to call the
police or to take them away from me, and they were also
observed--- their home being--- the belongings being taken
out of the home without the okay of their father.
There are many, many, many issues why I need to be
very, very, very much involved now, because it's extremely
one-sided. Granted, I understand families do pull
together, but I think this is very, very one-sided down
here. It's incorrect to not have the kids to see the
truth and the full side in both stories.
Q254 Anything else?
A That's it.
Q255 Mr. Padgett, why did you not take your children
with you, and your wife, when you moved to Michigan?
A In August of 1991, as we had done in previous
moves, was to quickly sell the home and move the children
once the home was sold. To do so, they would have to live
in a hotel. We didn't know what school district we'd be
moving in, so we'd have to move and move again kind of
thing. We thought--- or we were optimistic that the house
would sell a lot sooner than it did, then it would be a
(T. PADGETT/Hallyburton) 75
short period.
Q256 Why couldn't you have just taken the children with
you if you were such a concerned parent and rented a home
in Michigan as you've now down, and had your home in
Lexington rented to help defer the expenses?
A I would've loved to have done--- I'd like to
answer that.
MR. TURNER:
I'm going to OBJECT that this is far,
far removed from the issues in this
pendente lite proceeding and, really, I
think, for a long time it's been
bordering on impermissible discovery for
permanent questions, I believe. So I
guess I would OBJECT for relevancy,
unless there's something I'm failing to
see.
MR. HALLYBURTON:
The only impermissible--- well, you were
doing the discovery. But I'll make it
relevant. It's obvious. The proof is
in the pudding. This man has absolutely
turned over the custody in an actual sense for the last year, and for a seven
and a half (7-1/2) to eight (8) month
(T. PADGETT/Hallyburton) 76
period when two (2) years prior when he
moved from Virginia to Lexington, that
indeed he was not the joint custodial
parent. Laura Padgett was the actual
custodial parent. And that's the
relevancy.
THE COURT:
Go ahead and answer the question, Mr.
Padgett.
MR. TURNER:
Yeah; I will WITHDRAW my OBJECTION now
that I see where he's headed. And I
think that's a legitimate inquiry. Now,
you may answer the question.
A I would like him to ask the question again.
Q257 Why didn't you just take--- if you're such a
concerned parent, why didn't you want to hold your family
physically together when you moved from Virginia to
Lexington, and as you said, as you have done in the past
and, as you said, you were elated, jumping on the bed
because of the house finally sold after this prolonged
period of time of in excess of one (1) year, that you knew
that this was being drawn out, that the house was not
selling. At any time in that--- at any point in that time
frame, why in the world didn't you say, I've got to have
(T.PADGETT/Hallyburton) 77
Beau and Julie right here with me, I want them with me, we
can rent the house in Lexington? You heard Laura testify
that she even asked you to come--- that she bring the kids
to Michigan. Why didn't you take any positive action to
bring this family together if you're such a concerned
father?
A Because I didn't think it would take that long to
sell the house. Additionally, though it has been paid by
what source I'm not sure, in terms of the combined
incomes, to do so, my company did not reimburse rent, it
would have incurred additional expenses. They did
reimburse my ability to come back, which I did so which
was shown to The Court, every two (2) weeks. The debt was
accumulated by Laura - and I don't want to get into why -
but it put us in a position where it would have been very
difficult to do that at that time and leave the home
empty.
Q258 Couldn't you rent your Lexington home? Did you
make any attempt to?
A Because it would have made it a lot more difficult
to sell. And you know that.
Q259 Did you have difficulty selling your home in
Lexington?
A Much difficulty.
(T. PADGETT/Hallyburton) 78
Q260 Do you have any facts to support that the rental
of that property would have made it any more difficult?
A Not knowing at that time, in retrospect, yes; that
would be a logical question.
Q261 Have you completed your 1991 income tax return?
A No, I have not.
Q262 When do you expect to do that?
A I have to before October 15th.
Q263 Why has it been such a delay in completing that?
A Because I have put it off.
Q264 Any reason for putting it off?
A No. I intended to do it before the August 15th
deadline, but some of these things came up and it changed,
so I postponed it.
MR. HALLYBURTON:
That's all I have.
(T. PADGETT/Turner) 79
BY MR. TURNER:
Q265 With respect to the monies that are currently
remaining from the sale of the Lexington house--- give us
the scenario. What monies were paid over to you and what
did you do with them and, therefore, how much is there
left for distribution or investment or whatever at this
time? And you might have already done that. How much
money was left over after you paid the mortgage company
and the money to the--- on closing costs from the sale of
the Lexington house?
A Approximately Twenty-Eight Thousand Dollars
($28,000.00).
Q266 And of that Twenty-Eight Thousand Dollars
($28,000.00), where is it? What has happened to it?
A It's in escrow.
Q267 And is any of it ear-marked as owing to somebody
else?
A Uh-huh.
Q268 Who's that, and what amount?
A My mother.
Q269 And I understand that Laura takes issue with that,
or, at least, in part. But what is your understanding of
how much money you all owe your mother at this time out of
that sales proceeds?
(T. PADGETT/Turner) 80
A Approximately Twenty--- after the Nineteen
Thousand (19,000) was paid, approximately Twenty-Three
Thousand (23,000), some-odd change.
Q270 And so what is the figure that remains for
investment at this time?
A Net proceeds?
Q271 Yes.
A Forty-Seven Hundred Dollars ($4,700.00).
Q272 Do you know what Laura's earnings were, her gross
earnings, at the job she quit in Lexington?
A I think it was approximately what she testified
to, Thirty Thousand ($30,000.00).
Q273 Have you had recent problems in you and your
children having access to each other both physically and
telephonically?
A Last several phone calls I was--- I have requested
to talk to the children, and they cannot talk to me unless
they're on a speaker phone. I've requested--- it seems
since August 09th when they were taken from me for no
illegal or wrong reason, that contact with them has been
either directly or indirectly--- limited contact with them
has been indirectly or directly planned. There were times
that I have been down that Laura has been aware of it.
I've been in Lexington relative to my moving and preparing
for the sale of the house, and the kids could have come
(T. PADGETT/Turner) 81
with her. They were not in school; they were not brought
down. The time that I came down here for the last
hearing, yes, I do believe they were where they were - at
a soccer game - but they knew I was going to be here for
that. It could have been made conveniently available for
me to see. I did request in writing, and I have a copy of
that request to Laura and separately to my children to
visit me in Michigan and I would bear the expense of
bringing them up there, or the time to be at a company
picnic. At that time I was told that they couldn't. I
don't--- if I recall, not by Laura, but by--- from Julie.
They both said they were interested and excited about
coming but that she had a fund raising soccer garage sale
to attend, which kind of surprised me. And I said, is
that the real reason; and her words, her response, was,
no, Daddy, Mommy's attorney thinks it's best that we don't
see each other until things are settled.
Q274 Have you been told any reason why Laura sees fit
to monitor your telephone conversations with your
children as far as explaining to you why she is doing
this?
A Not really. The only explanation is that she said
last--- middle of last week that it's off base. In
reference to off base, I think it was a letter that I sent
to Julie again explaining to her that it is not Laura's
(T.PADGETT/Turner) 82
attorney who is to decide the interaction between the
father and her and her brother.
Q275 Have you exposed your children or either of them
to any atmosphere or environment which you consider to be
calculated to adversely affect their mental, moral or
emotional health?
A Absolutely not. Certainly not as was testified.
I think those are things that like to be believed in so
that there is a reason for all this occurring. That's my
opinion.
Q276 Have you made voluntary support contributions
since the children have been here with their mother in
Hopkins County?
A Yes, I have.
Q277 In what amounts?
A Six, Ninety (690) on July 29th, and then an
additional Thirteen (13) or Fourteen Hundred (1,400) or
Eleven Hundred (1,100), something like that, based on the
calculations of One Thousand, Thirty-Eight (1,038) times
two (2), less the Six, Ninety (690).
Q278 I understand what you and Laura have testified to
about the problem with past efforts to visit with the
children. What plans do you have and hope for with
respect to visitation this weekend? Have you made any
plans, and have you communicated your hopes and desires to
(T. PADGETT/Turner) 83
anybody?
A To the children. Actually, yes; a week and a
half, two (2) weeks ago relative to meeting in
Indianapolis, since it was my son's birthday. His
birthday was on a Monday, which is a school day, and I
would like to spend time with my children, Indianapolis
being approximately halfway.
Q279 I'm talking about this weekend.
A Yes; that's correct. And it was told to me in a
conversation beginning of this week that that wasn't going
to happen. The kids couldn't come up with any other
explanation than that they weren't allowed to, and I
believe Laura's explanation was that they already had two
(2) birthday parties planned for him.
Q280 Okay, you're now talking about a previously
planned meeting that got thwarted for one reason or
another?
A An attempt to plan; that's correct.
Q281 You are now here.
A That's correct.
Q282 And you arrived here late last night. What are
your hopes, desires and plans for this weekend with
respect to your children?
A I had---
(T.PADGETT/Turner) 84
Q283 What are you asking The Court to do this weekend
with respect to visitation?
A I called the children last night when I drove up
from the Nashville Airport in a rental car and, when I
crossed the Kentucky border, I called and talked to the
children and told them I'd be here until a one, thirty
(1:30) flight, which would probably keep me in
Madisonville here until ten (10:00) a.m. on Sunday, and
that I'd like to see them, and they sounded both extremely
excited. They didn't know I was coming here.
Q284 Yes; I understand. And when would you think it
appropriate for that visitation to start if the Court
allows the children to visit with you this weekend here?
A As soon as possible.
Q285 Like this afternoon?
A Yes.
Q286 Now, with respect to from now on out, with you at
your job in Michigan and the children going to be living
here for an indefinite period of time in Madisonville,
what do you consider would be a workable situation with
respect to your visitations and your telephone access
between you and the children? Do you have any suggestions
to The Court that you think might be workable, recognizing
the problem with how many miles, thirteen hundred (1,300)
or so?
(T. PADGETT/Turner) 85
A Certainly an attempt, I guess, to set up a
schedule for, at least, a reasonable period of time that
would both be predictable and agreed upon. Out of that
schedule, I think, as I come here, there should be equal
amounts where they are brought to me and, separate of
that, is where we can meet independently; and, relative to
conversations, I should be able to talk to my children. I
would not, as alleged here, even attempt to involve any
discussion relative to right or wrong. If they are not
obviously showing me, or I don't see or experience from
Laura or Laura's relatives, an obviously biased and create
a situation that I have observed, and I know they have
observed, I would no longer attempt to do that. I do feel
that they should have the truth, though.
Q287 Well, we have, you know, Thanksgiving long weekend
and extended Christmas holiday weekends, which is more
than a week and many days. What would you propose, if
anything, with respect to the children--- do you want the
children to visit with you in Michigan some?
A Absolutely.
Q288 How frequently would you like that to happen?
A Every three--- well, in Michigan, probably every
month.
Q289 And what other visitations do you propose The
Judge order, if any?
(T. PADGETT/Turner) 86
A I would like, at least, in a temporary situation
to come down here and see them in their environment
relative to school, church, sporting activities.
Q290 Am I correct in assuming that you don't know
precisely in advance when you can come to Kentucky, for
finances, if nothing else? Or do you or can you set up a
schedule now that you know you would be able to actually
come here and visit with them?
A I would in a very short period of time, and try to
live with it.
Q291 So, either in Michigan or Kentucky, you're asking
that they permitted to visit with you one weekend a month?
A That's correct. In addition, if it's convenient
in terms of time and money, to set an area or a location
that is accessible by both, either Cincinnati or a more
equal distance---
Q292 You mentioned Indianapolis awhile ago. Was that
because it's a place equal distant?
A Yes.
Q293 And what are you proposing in that regard?
A A weekend where it takes four (4) hours to drive
there either direction as opposed to nine (9) hours one
way.
Q294 Okay, and who are you proposing furnish
transportation?
(T.PADGETT/Turner) 87
A Well, both of us to get there.
Q295 Are you suggesting that Laura be required to
deliver the children to you at the beginning of the
weekend in Indianapolis and you deliver them back to her
in Indianapolis at the conclusion of the visitation? Is
that what you're saying?
A Uh-huh.
Q296 And do you have any specific proposals concerning
the extended week of visitation periods, or vacation
periods of Thanksgiving and Christmas?
A I would need to know school schedules and so
forth. Columbus Day, Halloween, Thanksgiving, other
related--- you know, obviously there's sports and
extracurricular commitments.
Q297 Do you see any reason whatsoever for Laura to
supervise or otherwise monitor your telephone
conversations with your children when you're talking to
them in their home?
A Not relative to the children; only relative to
what, I believe, she wants. It's totally unrelated to the
children. I believe that's an issue between her and I.
Q298 Am I correct in assuming that your past recent
experience would indicate strongly that you and Laura, at
least at this particular time while emotions are high, are
not likely to be able to reach an agreement satisfactorily
(T. PADGETT/Hallyburton) 88
concerning your children's visitations; is that fair?
A It appears to be.
MR. TURNER:
That's all I have.
THE COURT:
I have one question. Where are you
staying this weekend?
THE WITNESS:
TraveLodge.
THE COURT:
Is that where you're planning on staying
the full weekend until Sunday?
THE WITNESS:
I have an option of checking out and
staying somewhere else.
BY MR. HALLYBURTON:
Q299 Mr. Padgett, you're saying that Laura should be
charged with an income of Thirty Thousand Dollars
($30,000.00). Is that what you're really saying? Because
that's what she was making in Lexington. Is that what
you're saying?
MR. TURNER:
Yes, sir; that's our position.
Q300 Mr. Padgett, is that what you're saying?
(T. PADGETT/Hallyburton) 89
A I did shake my head.
MR. TURNER:
Your answer is yes.
Q301 Mr. Padgett, wasn't Laura going to have to leave
Lexington once the house sold irrespective of whether she
went to Michigan or to Madisonville?
A It wasn't decided at that time, but she also had
an option to stay there or to come to Michigan or to go to
Madisonville; that's correct.
Q302 So she could've just stayed--- you know, if you
all were going to stay married, Laura had the option of
just staying in Lexington, then, after the house was sold;
is that what you're saying?
A Yes.
Q303 Well, what was your understanding of what Laura
was going to do before this divorce proceeding once the
house was sold in Lexington?
A Please repeat that question.
Q304 What was your understanding of what Laura was
going to do once the house was sold in Lexington?
A I had--- prior to that time I had no--- our
intention for a long time was to move to Michigan.
Q305 If she moved to Michigan, she couldn't work in
Fayette County, Kentucky, could she?
A That's correct.
(T. PADGETT/Hallyburton) 90
Q306 So, that would entail a job change; correct?
A That is correct.
Q307 So whether she moved from Fayette County to
Oakland County, Michigan, or to Hopkins County, Kentucky,
it would still entail a job change; correct?
A If she decided to move to those two (2) locations.
Q308 And, therefore, it would have involved a giving up
of the Thirty Thousand Dollars ($30,000.00) job in Fayette
County; correct?
A Only if she moved. If she stayed, obviously not.
Q309 Well, did you want her to stay in Fayette County
with the children? Is that what you're saying?
A I think that's probably an issue. I don't know if
that's an issue now; is it not?
Q310 You're making it the issue, Mr. Padgett. Mr.
Padgett, during the time that you were away from the
children, how often did you visit with them in the last
year while you have worked out this arrangement where
Laura was to stay in Fayette County with them and you were
in Oakland County, Michigan?
A I visited, I think, it worked out to approximately
two, point, one (2.1) weeks.
Q311 And how many times a month did you visit your
children?
(T. PADGETT/Hallyburton) 91
A Some months twice, some months once, some months
even three times.
Q312 Who paid for your visits with them?
A The majority of the visits were reimbursed by the
company as a relocation expense.
Q313 Will this visit here today be reimbursed by your
company in any way?
A Absolutely not.
Q314 Are you asking that Laura and you equally share
the expense of getting the children to and from Michigan?
Is that what you're saying?
A Uh-huh.
Q315 Now, your income is Eighty-Five Thousand (85,000);
Laura's is approximately Twenty-Thousand (20,000), Twenty-
One (21). Based on that differential, you still want her
to share fifty (50) percent?
A Absolutely.
Q316 So she'd be contributing a percentage-wise of her
disposable income a much greater percentage than you would
be; is that right?
A That's correct.
Q317 But yet you don't want to distribute equally the
surplus percentage--- the difference between your income
and her's to her's to equal each other, do you?
(T. PADGETT/Hallyburton) 92
A It was her choice to move to Madisonville,
Kentucky.
Q318 You don't want to equalize the disposable income
between you and Laura, taking your income, disposable
income, and her's; is that correct?
A After expenses, I guess it would make sense.
Q319 But you do want to say that she has to pay fifty
(50%) percent of the cost for these children; right?
A For transportation.
Q320 Again, percentage-wise, it hits her much harder
than it does you; right?
A Not after expenses, I don't think.
Q321 Well, now, Mr. Padgett, you wouldn't want your
children to have to miss scheduled birthday parties, would
you?
MR. TURNER:
Scheduled birthday parties? Is that
what your question is?
MR. HALLYBURTON:
Yes; that was my question.
A My answer to that would be obviously not if it's
planned, but I do believe that when it was requested there
were times to make adjustment, but I believe that goes
back to an intentional plan to prevent interaction.
(T.PADGETT/Hallyburton) 93
Q322 Mr. Padgett, you just said an interesting
statement. You said, when requested. There wasn't any
plan. Your attorney stated in terms as if there was an
agreement regarding visitation this weekend in
Indianapolis.
MR. TURNER:
Oh, no, no, no, no, no. I'm sorry--
MR. HALLYBURTON:
Yes, you did.
MR. TURNER:
I'm sorry; I did not mean to leave that
impression. I apologize.
Q323 You just simply made a request; is that correct?
A It's a cross between a request and a statement
that I would like to see them.
Q324 The point is Laura didn't enter into any type of
agreement with you regarding visitation this weekend?
A Absolutely.
Q325 Now, one other thing. Didn't you say in open
Court to Judge Boteler--- this was at the venue hearing
right at the close; we were talking about visitation that
weekend. Didn't you say, I cannot visit with them as a
practical matter today. We were talking about Julie
having to go to Reidland, Kentucky, for a soccer game.
Didn't you say, well, I can't visit with them this weekend
(T. PADGETT/Hallyburton) 94
anyway because I am now late; this hearing has taken
longer than I expected and I am now late to catch a plane
to return to Michigan?
A The next day I had a once-a-quarter meeting that I
had to attend. If I didn't, I would've stayed as long as
it took.
Q326 But you had already made the plane ticket
reservation to return to Michigan at a time certain;
correct?
A That's correct. But they knew I was going to be
there.
Q327 And because of that return reservation, you
would've had to have missed that reservation if you didn't
leave to begin your trip to the airport immediately
following that hearing?
A Within about a half hour time; that's absolutely
correct.
MR. HALLYBURTON:
That's all I have.
MR. TURNER:
Me, too.
MR. HALLYBURTON:
I would like the authorization for
financial information signed. And I'm
also asking for a wage assignment, Your
95
Honor, so we don't have to hassle each
other.
THE COURT:
I am going to recommend that Mr. Padgett
have visitation with his two (2)
children this weekend.
MR. HALLYBURTON:
She has the children--- there's a party,
a birthday party--- these are the
children's--- is there a birthday party
also Sunday?
MRS. PADGETT:
Sunday afternoon, but he'll be gone by
then.
MR. HALLYBURTON:
Oh, that's right. You have to leave at
ten, thirty (10:30). So, anyway, the
Sunday birthday party--- there is a
birthday party Saturday.
MR. TURNER:
Let me ask this. Would there be a
problem with the father visiting the
children at the birthday party? Does
that---
96
MR. HALLYBURTON:
Yes; there would be. The party is at
the grandparents home. Yes.
MR. TURNER:
He and Carl are very close, aren't they?
MR. HALLYBURTON:
There is a problem.
MR. PADGETT:
There is. There is a real problem.
MR. HALLYBURTON:
He says so, too. So we all agree
there's a problem with it, yes, him
visiting the children at the birthday
party.
MR. TURNER:
Is that something that ought to be
shared with The Court now, or you think
maybe not?
MR. HALLYBURTON:
We just don't want--- you know, during
that time frame, we don't want him to
have visitation. Other than that, of
course. And Julie's soccer is today at
five (5:00) to seven (7:00). Now, that
still leaves time around those two (2)
97
events. Those are the conflicting
events that we don't want to interrupt.
THE COURT:
What type of birthday party is it, and
how long has it been scheduled?
MRS. PADGETT:
It's a family birthday party in the
afternoon. The picnic thing on there
can actually be altered. It doesn't
have to be--- for the evening.
THE COURT:
And how long do you think the party is
going to last?
MRS. PADGETT:
Well, I don't know. Could last couple,
three hours, something like that.
THE COURT:
And that would. be from--- does it start
at twelve (12)?
MRS. PADGETT:
Uh-huh.
THE COURT:
So you'd say a couple or three (3) hours
perhaps?
98
MRS. PADGETT:
Uh-huh.
THE COURT:
There wouldn't be any reason why he,
then, could not have visitation from
this afternoon with his son after
school.
MRS. PADGETT:
I would prefer that he has them
together.
THE COURT:
Let me, if I could, finish. Say, at
five (5:00) o'clock go to the soccer
game, pick up his daughter after the
soccer game, keep her until eleven,
thirty (11:30) tomorrow, then pick them
back up at three (3:00) o'clock tomorrow
and keep them until he has to go to
Nashville.
MRS. PADGETT:
Eleven, thirty (11:30) is going to cut
it too close, because I have to get Beau
cleaned and ready for the party.
THE COURT:
Eleven (11:00)?
99
MRS. PADGETT:
That's still cutting it close for
getting everything all set up and
he's--- all right, how about ten, forty--
five (10:45).
THE COURT:
Let's make it eleven (11:00).
MRS. PADGETT:
All right, all right; you win.
THE COURT:
I'm going to ask you now. Is there any
reason why you couldn't pick up your son
after he gets home from school and has a
chance to get his stuff put all away
then go--
MRS. PADGETT:
I can take him somewhere to meet him.
I'd rather do that.
THE COURT:
Okay. Go to the soccer game, and then
pick up your daughter and keep them
until, say, eleven (11:00) o'clock
tomorrow, and then pick them back up at
three (3:00) o'clock, or have them---
100
MRS. PADGETT:
Let's say four (4:00).
THE COURT:
---meet somewhere; how about three,
thirty (3:30), and then take them back
Sunday morning?
MR. PADGETT:
Ten (10:00) o'clock, that'd be fine.
MRS. PADGETT:
Sunday morning they've got Sunday School
from nine, thirty (9:30) to ten, thirty
(10:30). They have to go to Sunday
School. I mean, he can take them over
there if he wants.
THE COURT:
What time is your flight?
MR. PADGETT:
I would like to take them into church
and to Sunday School; that'd be fine.
My flight is at one, thirty (1:30) out
of Nashville.
THE COURT:
I'm going to give him the option of
whether he takes them to church or not,
because I'm going to let him have
101
visitation until--- you say your
flight's at one, forty-five (1:45)?
MR. PADGETT:
One, thirty (1:30).
THE COURT:
Okay, until eleven (11:00) o'clock.
MR. HALLYBURTON:
Would you run the times past me again?
Today, starting at three, thirty (3:30)?
MRS. PADGETT:
Well, let's say four (4:00).
THE COURT:
No; that's cutting it too close. Let's
say four (4:00).
MRS. PADGETT:
I can meet him somewhere. I can take
Beau there.
MR. HALLYBURTON:
Four (4:00) p.m. Friday to when?
MRS. PADGETT:
I'll tell you what. Meet out at the
high school, and he can--- because Julie
will have her soccer practice.
THE COURT:
Well, however you want to do it. From
102
four (4:00) o'clock--
MR. HALLYBURTON:
To when?
THE COURT:
This is the son. Until eleven (11:00)
o'clock Saturday morning---
MRS. PADGETT:
I have a great idea. Why don't we just
say five (5:00) and that way they can
all meet--- he can have both of them.
They'll be at the soccer field. Let's
do that. Let's do that today, and he's
going to have overnight.
MR. PADGETT:
There is a point where I would like to
have for maybe an hour, hour and a half,
just my daughter, because I would like
to do some birthday shopping with--- for
my son with her.
MRS. PADGETT:
So, five (5:00)? Can it be five (5:00)?
THE COURT:
I can do five (5:00) for both. If you
want your son at three, thirty (3:30),
you get your son at three, thirty
103
(3:30). You tell me. Or four (4:00).
How do you want to do it? What's the
best for you? I'm going to give you---
you're the one that came here from
Michigan today. How do you want to
handle it?
MR. PADGETT:
I'm just thinking of the time that I
would like to be with my daughter while
we purchase some birthday gifts for my
son. I think what would work out best
is to be with Julie first, maybe just a
couple hours. She has plenty of time to
get ready for her soccer game, and then,
meet, or wherever, exchange, and Julie
goes to the soccer game. After the
soccer game I pick both of them up, and
then the rest of the schedule is fine.
MRS. PADGETT:
It's not a soccer game; it's just a
practice. It's out at the high school.
From five (5:00) to seven (7:00) is her
practice.
104
THE COURT:
When does she get home from Browning
Springs?
MRS. PADGETT:
She won't get home until, oh, it's
roughly three, thirty (3:30) or so. And
she has a girlfriend spending the night
tonight. So he's got a package deal, I
guess. I mean, the girl's coming home
with her. We had many things that were
all---
THE COURT:
I'm not going to do that. He's down
from Michigan, and he is going to have
visitation with this children---
MRS. PADGETT:
That's fine.
THE COURT:
---irrespective of what sort of
arrangements you've made with people
sleeping over. I've given you the
benefit of the birthday party, which I
almost didn't. So you're going to get
the birthday party, but he's going to
get his kids, you know---
105
MRS. PADGETT:
Okay, that's fine.
THE COURT:
---in a way that I--- and I can
understand why he would want to purchase
some gifts, so I would like to work that
out so that he can do that. Okay, let's
go with three, thirty (3:30) for the
daughter. He will take her to the
soccer practice at the high school where
he will then meet and pick up his son.
He will then have visitation until
eleven (11:00) o'clock Saturday morning,
and then he will pick them up again at
three, thirty (3:30) Saturday afternoon
and he will keep them until ten, thirty
(10:30) Sunday morning.
MR. HALLYBURTON:
Got the times. Three (3:00) o'clock,
Julie.
MRS. PADGETT:
Three, thirty (3:30).
MR. HALLYBURTON:
Three, thirty (3:30), Julie. Then,
visitation with the interruption for
106
Julie's soccer practice. And, then,
Beau starting after soccer practice.
THE COURT:
During soccer practice at five (5:00).
MR. HALLYBURTON:
Then both back at eleven (11:00)
tomorrow. Both back with Tom three,
thirty (3:30) tomorrow until ten, thirty
(10:30) Sunday. If Tom wants to take
the children to church, certainly he has
that option Sunday morning.
MRS. PADGETT:
Now, do we need to work out a drop-off
and a pick-up?
THE COURT:
But I think that you all should be able
to do that without my intervention. I
thank you all very much for your
testimony, and I'd like to speak with
your attorneys without you all, if
that's okay.
(CONCLUSION OF PROCEEDINGS)
(TIME: 12:54 P.M.)
107
KENTUCKY STATE AT LARGE:
I, Glenda B. Martz, Notary Public, Kentucky
State at Large, and Registered Professional Reporter, do
hereby certify that the foregoing one hundred, six (106)
typewritten pages contain a true and accurate transcript
of the Pendente Lite Hearing taken at the time and place
as stated in the caption; that the Petitioner and the
Respondent each were first duly sworn to tell the truth
according to law before testifying; that said testimony
was taken by me first in shorthand and later personally
transcribed by me into the foregoing; that appearances
were as stated therein; that all objections are duly
noted.
I further certify that I am neither of kin
nor of counsel to any of the parties to this action and am
in no wise interested in the outcome thereof.
Given under my hand on this the 15th day of
December, 1992.
<SIGNATURE>
NOTARYY PUBLIC
My Commission Expires: 9-24-94