Evil Ex-Wife Demands Husband's 401K AND Monthly Alimony

本站添加: 2026-05-31

[00:00:00]So, Mr. Shelton and Miss Alvadress, if you'd raise your right hand, do you swear or affirm that the testimony you will give in this cause will be the truth, the whole truth, and nothing but the truth?

[00:00:13]>> Yes, I do.

[00:00:15]>> Okay. All right. Mr. Shelton, you may proceed. If you have a brief opening statement, you may give it.

[00:00:24]>> Um, so we've been separated since September of 2020.

[00:00:29]During the first year of the separation, I was providing her with uh financial support, paying phone bills, buying her medical necessities. I was in an accident in 2021, which left me disabled. Um was not able to continue the job or making the money that I was, so I stopped. She's been living on her own and taking care of her own expenses for almost five years now.

[00:00:59]And now that I have decided to file for a divorce, she has decided that she needs me to support her, which I do not believe um is justified because like I said, she has had a place to live and taken care of herself for over four years. I feel if she was in need of that that she would have filed a divorce sooner and asked for that.

[00:01:24]>> Okay. I mean, I'm living paycheck to paycheck and there's not any way that I can um I can afford to take care of her as well as take care of myself.

[00:01:37]>> All right. And what was the date that you were married?

[00:01:40]>> Um January 12th of 2003.

[00:01:47]>> Okay.

[00:01:49]And prior to filing the divorce petition, um, had you lived in Travis County for at least 90 days?

[00:01:56]>> Yes, ma'am.

[00:01:57]>> And you'd lived in the state of Texas for at least 6 months?

[00:02:00]>> Yes, ma'am.

[00:02:02]>> Okay. And are there any children of the marriage?

[00:02:06]>> There are, but they are not minors.

[00:02:08]>> Okay. All the children are over 18?

[00:02:12]>> Yes, ma'am.

[00:02:13]>> Okay.

[00:02:15]All right.

[00:02:17]Thank you. And so you're asking for a divorce on the grounds of insupportability?

[00:02:22]>> Yes, ma'am.

[00:02:23]>> Okay. And the date of separation was what month?

[00:02:28]>> It was September. I'm not sure the exact day. It was September of 2020.

[00:02:33]>> Okay.

[00:02:35]All right.

[00:02:38]Okay. Thank you.

[00:02:39]>> Yes, ma'am.

[00:02:40]>> All right. Miss Butler, if you would like to give a brief opening, you may do so.

[00:02:45]>> Yes. Sh. Thank you. Um, yes, we're here today because Mr. Shelton filed for the divorce last year and we got involved with representing Miss Alvitra um and filed her counter petetition for divorce in January of this year. Um, Miss Alvitra um you'll hear some testimony from her has been disabled since she was born, since she was a baby. um she cannot support herself at this time and you will hear testimony that the last time that she worked has been over 20 years ago.

[00:03:22]Um it's important to understand that the parties um are both aware that Miss Alvadress um was she did receive social security benefits in I believe the last year was maybe 2006 or seven.

[00:03:39]However, um you will hear some testimony about there being an overpayment and there's a substantial amount of money that they both owe for this overpayment.

[00:03:49]It's a community debt to the Social Security Administration and that is hindering her from getting any social security benefits at this time. Um Miss Alvadres is Native American and you heard testimony about which tribe she's a member of. Um they do provide some assistance to her, but you will hear testimony from her today that she still needs some additional monthly assistance in the form of spousal maintenance from Mr. Shelton. And we believe that she qualifies uh for the spousal maintenance on two fronts. They've been married for more than 10 years and she's disabled and she cannot work because of this disability.

[00:04:32]And yarn Mr. Shelton. Um he is working full. You'll hear testimony he's working now. He has a permanent job and he has some um funds in a 401k plan. It it's not a lot, but he does have some funds.

[00:04:45]And we would like the court to award my client 50% of those funds in addition to some spousal maintenance. And we're also asking today that the court um divide up the community debt, which is that overpayment amount that they both owe to the Social Security Administration.

[00:05:03]Um we're also asking that each party be awarded whatever property they have, personal property they have in their possession, their household furniture and appliances be awarded to them. And in addition, I believe Mr. Shelton has a 2020 Chevy Tracks that he identified at his original petition for divorce and my client is fine with him being awarded with awarded that car and if there is any debt associated with their car that he pay that debt off. Um, and if the parties have any bank accounts in their names, um, my client is fine with both of them being awarded with their bank accounts that they have. And if they incurred any debts after the date of separation of September 15, 2020, each of them should be responsible for those debts that they incurred in their names after the date of separation. So those are the main issues today, your honor.

[00:05:55]spousal maintenance, what will happen to the debt to the Social Security Administration, and um what will happen to Mr. Shelton's 401k plan?

[00:06:06]>> Okay.

[00:06:10]>> All right. Thank you. Okay, Mr. Shelton, you u may call your first witness. And if that's going to be yourself, uh just let me know.

[00:06:19]>> I have no witnesses. I want to make one thing. They're talking about my 401.

[00:06:24]This 401 started with the job that I took on after our separation. That 401 is designed for me to be able to live and survive after I cannot work any longer. I do not feel that she would be entitled to that. I mean, if it was something I had while we were still together, I could totally understand.

[00:06:44]>> Well, under the law, you are still together. You're not divorced.

[00:06:47]>> Okay.

[00:06:48]>> Well, everything you earn during your marriage is community property. Okay.

[00:06:54]Okay. That's >> I don't understand law and unfortunately I I I don't have the means to be able to hire an attorney or afford one. So, I'm having to try to wing this on my own.

[00:07:04]>> That's okay. I just want you to understand um you know I understand you would like to keep the 401k because it is based on >> things that happen after the date of separation but that the law is um the opposite. Everything is community until the date of the >> day. Okay. Um my other question real quick. So they are talking about her not being able to work. She has degrees in design and has and has the ability to work remotely. Um, like I said, I don't have a lawyer, so I've been googling and there was something that was brought up that was called something called due diligence where she has to show and prove that during the time of separation, she has made a reasonable effort to support herself. Is that the case or >> that's normally the case, but um if someone is disabled and unable to work, then they may not necessarily be required to utilize due diligence if there's already a determination.

[00:08:15]>> Well, I mean, I understand the disability. I mean, but just because she's in a wheelchair doesn't mean she can't work. I mean, I'm not in a wheelchair. I'm disabled and I'm working.

[00:08:24]I mean, she has a way to get around. She has a way to get to a job.

[00:08:28]>> Okay. Well, during the time that you've been married since 2003. So, during that marriage, has she worked?

[00:08:39]>> She has not.

[00:08:41]>> Okay.

[00:08:41]>> She worked while we were together. I mean, she's worked for the state as as with in the food stamp Medicaid office investigating fraud.

[00:08:50]That was before we got married.

[00:08:53]But she has held a job in the past. I mean, she's held numerous jobs in the past. I mean, so she's able to work, just not able, I guess, apparently not wanting to work at this time >> because she an accident.

[00:09:08]>> What do you believe her income earning potential is?

[00:09:12]>> I don't I don't honestly know how to put that on.

[00:09:16]>> I mean, she she's got a degree in web design. She's a she's a certified web designer. I mean, those people make quite a bit of money.

[00:09:29]Okay. All right. So, Mr. Shelton, it you may want to um just spend your time cross-examining her after she testifies.

[00:09:41]You can ask her about these things. Um, let me, while you're on the witness stand, let me ask you as far as the, uh, division of property. You heard Miss Butler speak to that. Um, about each party keeping, what possessions they have with them, their furniture, household items, clothing. Um um any commentary on her requests?

[00:10:13]>> I mean, no. I'm co totally for that. She keeps what she has. I keep what I have.

[00:10:18]>> Okay. And >> is the spousal support.

[00:10:22]>> Okay. That the spousal support is the big issue.

[00:10:25]>> Yes, ma'am.

[00:10:26]>> Okay. All right. And you are asking the court to um award you your vehicle?

[00:10:33]>> Uh yes, ma'am.

[00:10:35]>> Okay. And was that vehicle purchased during the marriage?

[00:10:40]>> Well, it was purchased. Yes, because I mean you said even though we're separated, it's still marriage. Yes, ma'am.

[00:10:45]>> Yes. Okay. So, when did you purchase the vehicle?

[00:10:48]>> It was purchased in 2023. I believe it was April or May.

[00:10:55]>> Okay. And do you have a note on that?

[00:10:57]>> Yes, ma'am.

[00:10:58]>> Is the note in your name?

[00:11:00]>> Yes, ma'am.

[00:11:02]>> Okay.

[00:11:03]And um how much are the monthly payments?

[00:11:06]>> They are $565 a month.

[00:11:10]>> Okay.

[00:11:13]>> And then you were >> Hold on. I don't want to get this all messed up. So my daughter currently is making the payments on that car. Um I've given her that car. I mean the car is still I don't know how that goes because the car is still in my name.

[00:11:32]payments, >> but my daughter is has taken over the payments on the car because I could not continue to make the payments on the car.

[00:11:39]>> Okay.

[00:11:42]Well, couple things I will say about that. Um, that's between you and your daughter, but it's also really between you and the lean holder. Um, if your daughter stops making the payments, that's going to put you in a bind.

[00:11:58]>> Yes.

[00:11:59]>> With with the bank. Um, your daughter doesn't own the vehicle.

[00:12:05]I mean, in fact, >> I'm just trying to stay honest with you.

[00:12:10]>> Yeah. No, I appreciate that. Miss Butler has said her client is okay if the court awards the vehicle to you.

[00:12:18]>> Okay. So there may be um there you know under the law the vehicle is community property and normally I would order this sale and give her half the proceeds and you half the proceeds but it sounds like Miss Butler may be asking for the court to do something else and that might adjust the debt between the parties. I don't know exactly how she's going to ask for me to allocate that. Tell me what you know about the overpayment by social security. How much is is that?

[00:12:53]>> Um, from the notice that I that Miss Butler sent me, I wasn't really I I knew it was a high amount. Um, something happened with Social Security back when we got married in 2003.

[00:13:06]We sent the notification to Social Security that we were married. Um, she was going through a surgery at the time, so she was in the hospital. Miss Alvadres and um apparently we we were never she kept continued getting the checks after I submitted the information. I actually believe it was like 2008 or 2009.

[00:13:30]Um Social Security asked that she come in. I guess there was like an audit or whatever on her account. Um, when we went into that meeting with Social Security, um, the lady that was at the desk that was doing the audit, um, had asked Miss Alvadres who I was at that time. I stated I was her husband. We were told that they were not there was no record or notification that we were married. And after that, they they stopped her payments and her Medicaid because they said my income was too great.

[00:14:08]Um, and at that time I thought it was I mean of course I'm sure I guess with government they do interest but I believe I thought it was about 14 or 15,000.

[00:14:19]I mean, I have seen the statement where I believe it's like 17 or 18,000 now, >> but she and they're saying that she can't I mean, maybe it might have changed, but I know years after that, we uh were trying to get her disability back and they were stating that she would get disability, but it would be, of course, it was not going to be a lot because they were going to be taking out payments for the overpayment.

[00:14:46]So, I'm not sure if that's changed or not. I know Miss Butler had said that she's not able to get it at all now. Um, >> okay. And have y'all made any payments on this debt from the government, the overpayment debt?

[00:15:03]>> No, I I have not. I'm not sure if she Well, of course, I'm not sure if she has or not.

[00:15:09]>> Okay.

[00:15:10]All right.

[00:15:12]Anything else about the property division that you want me to understand?

[00:15:18]>> Uh, no, ma'am.

[00:15:19]>> Okay. All right. Um, you pass yourself as a witness then?

[00:15:24]>> Yes, ma'am.

[00:15:25]>> Okay. Miss Butler, do you have any questions uh for Mr. Shelton?

[00:15:31]>> Yes, Ron. I just have a few questions.

[00:15:33]>> Go ahead.

[00:15:34]>> Okay. Sir, where are you working right now?

[00:15:37]>> I work for a company called Ztrip. It's I'm sorry. And what is your job title with SERIP?

[00:15:46]>> I am a dispatcher.

[00:15:49]>> And how many hours per week do you work?

[00:15:52]>> Uh 40.

[00:15:54]>> Do you receive do you get any overtime hours?

[00:15:57]>> Not normally. We are we are currently until the end of this month. Our general manager stepped down at the end of January. So we've been working roughly five to six hours overtime per week. It's not a lot of overtime. Um, but that overtime has now ceased. We've got a new general manager.

[00:16:17]>> And did you provide me with a copy of your paycheck stub?

[00:16:21]>> Yes, ma'am.

[00:16:22]>> Okay. And let's see. I'm just going to share the screen, your honor, to pull up an exhibit.

[00:16:33]Oops.

[00:16:48]Okay, sir. Um, I'm showing you what's been marked as respondents exhibit number one.

[00:16:57]Is this a copy of your paycheck stuff that you provided to me?

[00:17:02]>> Um, yes, ma'am.

[00:17:04]>> Okay.

[00:17:06]and and your I'm just going to offer respondents exhibit number one into evidence.

[00:17:11]>> Okay. Any objection to this exhibit?

[00:17:15]>> No, ma'am.

[00:17:16]>> Okay. It's admitted.

[00:17:18]>> So, sir, right now you make about $17.39 per hour, correct?

[00:17:23]>> Yes, ma'am.

[00:17:24]>> Okay. And are you paid every other week?

[00:17:27]>> Um, yes, ma'am.

[00:17:29]>> Okay. So, uh, for your gross amount of your, um, regular pay earnings every other week, you earn about $1,39120.

[00:17:39]Correct.

[00:17:40]>> Um, yes, ma'am.

[00:17:42]>> Okay. And on this most recent paycheck, um, which the payroll ended on May 10th, you had about 26 hours in, um, overtime.

[00:17:53]Correct.

[00:17:54]>> I'm sorry. 7 I'm sorry. Excuse me.

[00:17:57]That's incorrect. 7.62. 62 hours in overtime.

[00:18:00]>> Yes, ma'am.

[00:18:01]>> Okay. And you're paid at a rate of $268 uh or round up $26.99 per um hour for overtime. Correct.

[00:18:10]>> Yes, ma'am.

[00:18:11]>> Okay. And so for this check, which was for um area of the week, your gross income for this paycheck was around a little over uh around $1,500.

[00:18:28]Um, yes ma'am.

[00:18:30]>> $15,25.90.

[00:18:34]>> Well, that's for the year.

[00:18:34]>> I'm sorry. That's the year to date. I'm sorry. I can't see. Um, $1,36 three $1,336.

[00:18:45]I can't I'm I'm sorry. It's hard to see.

[00:18:53]Well, it was a little bit in excess of $1,500.

[00:18:56]>> Yes, ma'am. I believe.

[00:18:57]>> Okay.

[00:18:58]>> And yeah, is that what you earn about every other week?

[00:19:03]>> Um, no, not on a normal basis because that includes the overtime that we don't normally receive.

[00:19:09]>> Okay. So, the 7.62 hours that you received in overtime on this check, you you might not get that every other pay period. No, as I stated a minute ago, um the overtime was a temporary thing from February up until the end of this month because we are down a general manager, so we're short-handed.

[00:19:27]>> Yeah. And how long have you been working for Zitra?

[00:19:30]>> Uh just over two years.

[00:19:32]>> Okay.

[00:19:36]And are you So, and you also currently have a 401k plan with them, correct?

[00:19:44]>> Yes, ma'am.

[00:19:45]>> Okay. And I'm going to share the screen again.

[00:19:54]>> Um, with your 401k, did you take out a loan against um, your 401k account?

[00:20:02]>> Yes, ma'am.

[00:20:03]>> And when did you do that?

[00:20:05]>> I did that in January of this year.

[00:20:09]>> And how much was that loan taken out for? Um, I believe it was 12 1,200.

[00:20:16]>> Okay. And I'm just going to share screen again.

[00:20:24]>> Do you have any other 401k plans?

[00:20:26]>> No, ma'am.

[00:20:27]>> Okay.

[00:20:35]And I'm showing you what's been marked as respondents exhibit number three.

[00:20:40]Is this a copy of the 401k statement that you provided to me?

[00:20:45]>> Um, yes, ma'am.

[00:20:47]>> Okay. I'm g try to make it a little bigger since we're both having trouble reading this. Um, can you tell the court what your balance is in this 401k plan?

[00:20:58]>> Um, that I can't really see.

[00:21:04]It says what? two >> is is it $2,4864?

[00:21:15]>> I mean, it says vested balance is 1319.

[00:21:20]>> But but is the the balance listed? I didn't ask about the vested. I just said the balance 204.

[00:21:25]>> I'm sorry. I got you. Yeah, it says 2004.

[00:21:31]It's It's what you said. 2004 something.

[00:21:34]$2,4864.

[00:21:37]And And you said that the loan that you took out it it was in January in the amount of $1,265.

[00:21:44]>> Um Yes, ma'am.

[00:21:46]>> And what why did you take out that loan?

[00:21:48]>> Uh for moving I moved I moved into a new place, my own apartment.

[00:21:55]>> Okay.

[00:21:56]>> I was not able to stay with my I've been living with my mother. I wasn't able to stay there anymore.

[00:22:01]And how much are you paying back on that loan each month?

[00:22:05]>> Um, it's I believe it's like 40 or Let me see what it says. That is can't read this little bitty writing.

[00:22:17]>> And your honor, I I'm sorry. I would like to offer respondents exhibit number three into evidence.

[00:22:22]>> Any objection to exhibit three?

[00:22:25]>> No, ma'am.

[00:22:26]>> It's admitted.

[00:22:27]>> Okay.

[00:22:27]>> Thank you.

[00:22:28]>> I mean, I'm sorry. I can't read the amount. amount and it comes out of my check so I don't know the exact amount but it's it's right there and I can't >> is it about $80 per month from >> about right >> okay >> 15month loan >> and you're you're asking the court today to award you 100% of this 401k statement plan okay >> I'm sorry I talked over you >> said Yes, I am requesting.

[00:23:06]>> And at this time, um, are you working any additional jobs in addition to your ZRIP, John?

[00:23:14]>> No, ma'am.

[00:23:15]>> Um, in the past, uh, you did drive for Uber and Lift to make extra income, correct?

[00:23:20]>> Yes, ma'am.

[00:23:22]>> And when was the last time you did that?

[00:23:24]>> Um, January.

[00:23:26]>> This year.

[00:23:27]>> Yes, ma'am. I'm sorry.

[00:23:31]>> And how long had you been acting as a driver for Uber and Lyft?

[00:23:37]>> Um, I've done it off and on for probably eight or nine years.

[00:23:48]>> And right now, are you living with anyone?

[00:23:51]>> No, ma'am.

[00:23:52]>> Okay. And are you in a relationship with a former caregiver for Miss Alvidress?

[00:24:00]>> No, ma'am. I'm not in a relationship with anyone right now.

[00:24:03]>> Okay. And so you're you're you're not dating Miss Candace um Childress?

[00:24:09]>> Uh no ma'am.

[00:24:11]>> Okay. Are you helping her pay any of her bills?

[00:24:15]>> No ma'am. Can't afford to.

[00:24:16]>> Okay. And when was this uh Candace Childress? Was she ever incarcerated?

[00:24:23]>> Let me let me actually go ahead and just to I don't know. I need to be honest.

[00:24:26]So, her name is actually Candace Jones.

[00:24:30]>> Okay. I'm sorry, Miss Jones.

[00:24:31]>> Yes. And she is actually incarcerated.

[00:24:34]She's been incarcerated probably um for the last three to about the last four years.

[00:24:42]>> Okay. And and Miss Jones was a former caregiver to Miss Alvadress, correct?

[00:24:48]>> Yes, ma'am.

[00:24:49]>> Okay.

[00:24:50]And during the time that she was a caregiver to Miss Alvadres, um, isn't it true that you were romantically involved with her when she was working to help Miss Alvidres?

[00:24:59]>> No, ma'am.

[00:25:01]>> Okay.

[00:25:03]And right now, what you said that your daughter has your 2020 Chevy Tracks, so you're not making any of those payments on the tracks at this time, correct?

[00:25:15]>> Okay. And how long has she been making those payments on the tracks? um since January. No, I'm sorry, February.

[00:25:23]>> Okay.

[00:25:26]And it it is true that the last job that Miss Alvitz actually held was sometime in before your marriage in 2023.

[00:25:38]>> Not in 2020 because we were married.

[00:25:39]>> I'm sorry, sir. 2003. 2003, excuse me.

[00:25:42]>> Before Yes. Um, >> and you do acknowledge that she is permanently disabled, correct?

[00:25:50]>> Yes, ma'am.

[00:25:54]>> And when the last time that you lived with her, did she pretty much require 24-hour care?

[00:26:02]>> Um, yes, ma'am.

[00:26:04]>> Okay. And during that time, she was confined to her bed. Correct.

[00:26:08]>> She was not confined to the bed. No, ma'am.

[00:26:10]>> Well, was she able to Oh, I'm sorry. Talk to I can't hear you.

[00:26:15]>> She was not confined to her bed then.

[00:26:17]She was she was in a wheelchair. She was able to move around, leave the house, do whatever she needed to do, >> but she needed someone to care for her.

[00:26:25]>> Yes, ma'am.

[00:26:30]And as far as the social security overpayment, um the social security or the IRS, they have not taken any of your income tax refunds if you if you filed to go towards the payment on for the overpayment.

[00:26:48]>> No, ma'am. I have not.

[00:26:49]>> Okay.

[00:26:51]Have Have you received any refunds in the past 10 years?

[00:26:54]>> No, ma'am.

[00:26:56]So, have you been paying taxes during those past 10 years or so?

[00:27:01]>> No, ma'am.

[00:27:02]>> Okay.

[00:27:06]And you mentioned uh that you were providing some help to Miss Alvidrez after the separation. Um, did you provide that help from about 2021 to June or July of 2023?

[00:27:22]It was actually from I thought it was from the time of the separation in 2020 up until uh 2022 >> after I was not able to drive the truck anymore because of the accident. Uh of course my income took a significant drop >> and I was not able to help her anymore.

[00:27:44]>> Okay. And currently um do you are there any other debts that we haven't identified for the court that you would like to list right now that you and Miss Alvaj have?

[00:27:57]>> Uh not that I'm aware of.

[00:27:59]>> Okay.

[00:28:03]I'll pass the witness on.

[00:28:05]>> Okay. Mr. Shelton, anything else you want me to understand about the issues that the court will determine as a part of this divorce case?

[00:28:15]>> Um, no, ma'am.

[00:28:18]>> Okay. All right. And you don't have any other witnesses besides yourself?

[00:28:24]>> Correct.

[00:28:24]>> Okay. Miss Butler, you may call your first witness.

[00:28:29]>> Yes, sir. I call Miss Maria Isabelle Alvidress.

[00:28:33]>> Okay. All right. You may proceed. I've already sworn her in. So, okay.

[00:28:38]>> Ma'am, please state your full name for the record.

[00:28:41]>> Maria.

[00:28:44]>> And And where are you residing right now, ma'am?

[00:28:46]>> I'm residing in El Paso, Texas.

[00:28:50]>> Okay. And can you just you've heard the some testimony from Mr. Shelton, but were you and Mr. Shelton married on about July on January 12th of 2003?

[00:29:03]>> That's correct. And you did separate on or about September 15th of 2020.

[00:29:09]>> That's correct.

[00:29:11]>> And do you have do you and Miss Shelter Shelton have any children under the age of 18?

[00:29:18]>> No, we don't.

[00:29:20]>> And are you?

[00:29:22]>> They're over 18.

[00:29:25]>> Are you expecting a child at this time?

[00:29:28]>> No, I am not.

[00:29:29]>> Okay. And were any other children born or adopted during your marriage?

[00:29:34]No.

[00:29:36]>> And ma'am, you said that you live in El Paso right now. Um, where do you live in El Paso? You don't have to give the address, but just kind of just give a general idea of where you live.

[00:29:48]>> Yes, ma'am. I live on um on the on the Indian reservation of the >> And are you a member of the tribe?

[00:30:03]>> Yes, ma'am. I'm a member of the Ti Ti tribe of Little Elizabeth PBLO.

[00:30:12]>> And can you spell the name of the tribe for the court? It's d I gua.

[00:30:20]>> Okay.

[00:30:22]Ma'am, are you working right now?

[00:30:25]>> No, ma'am. I am not working currently.

[00:30:28]>> Okay. And why aren't you working? I um recently um in the middle of February of this year, I had a an unfortunate accident where I fractured my um my hip and my femur and both my knees.

[00:30:52]So, right right now I'm receiving respit um respit care and 24-hour care um with two caregivers.

[00:31:04]>> Okay. And let's back up a little bit. Um um do you have a disability?

[00:31:10]>> Yes, I do have a disability. It's been um since birth I have cerebopaly and scoliosis.

[00:31:19]>> Okay.

[00:31:21]And in your opinion, does your disability hinder you from working at this time?

[00:31:28]>> Yes, it does hinder me from working at this time.

[00:31:32]>> Okay. Um, when was the last time you were able to work?

[00:31:39]>> It the last time I was able to work but is back in December 2003. I worked at Texas Parks and Wildlife as a customer service representative.

[00:31:50]>> Okay. And and since that time, you haven't had another job?

[00:31:55]>> No, ma'am.

[00:31:58]>> And and when you were living with Mr. Shelton, um did you require assistance in your with your daily activities?

[00:32:08]>> Yes, I did require assistance with my daily activities.

[00:32:13]Um What kind of assistance did you receive at that time?

[00:32:19]>> I had to um he had to assist me with bathing, changing, dressing, and um transporting me um to and from my wheelchair because I am unable to walk um by myself.

[00:32:44]And you heard him testify earlier that you have several degrees. Um, do you have these degrees?

[00:32:52]>> Yes, I do have a certificate degree in web design and currently I am trying to um better myself and I'm trying I'm getting my bachelor's degree in cyber security online.

[00:33:12]so that I can provide for myself.

[00:33:16]>> Have you been able to even look for a job? You said in in the first with the first certificate that you have.

[00:33:24]>> I have, but in the the city of El Paso, it's very limited. Um because the city is a very slow paced city and um and when they see me a lot of times when I go to job interviews if I try they um they turn me down because soon as I see the they see that I'm in a wheelchair um they get discouraged and they do give me opportunity for an interview but Um then later on they they tell me that I'm overqualified for the position >> and and and right now you testified that you were in an accident in February. Um what happened um in February to you? Um, I had to, um, be, uh, relocated to an to a group home because they were going to, um, do some remodeling for my apartment and make some adjustments for my animals so I could have them in my house. And um so they put me in a group home. And when I went out because I had um some I had some I had some lesions on my skin some legions on my skin. I had to go out and get medication. And when I went to go out and get a medication, I fell and the the chair fell on top of me and it crushed me and I hurt my hip. It fractured my hip and my two knees and my femur.

[00:35:14]>> Okay. And and so um were you in a hospital after this accident?

[00:35:20]>> Yes, ma'am. I was in in and out of the hospital because they were going to determine whether I was going to be able to um either they were going to put me immobilization um on my legs and whether they or whether they were going to do have to do major surgery and put pins and um screws for my um fractures.

[00:35:48]>> Okay. And right now, are you back in your home?

[00:35:53]Yes, I'm back in my home, but I do have to have 24-hour care um currently and the tribe is paying for my 24-hour care and any thing that um the cuz I have currently I have insurance, but anything that the insurance doesn't pay, the tribe um pays through our um system of our courts and social services.

[00:36:28]>> And what kind of insurance do you have right now?

[00:36:30]>> I have Blue Cross Blue Shield.

[00:36:34]>> And how did you get that insurance?

[00:36:36]>> I got it through um the Obamacare.

[00:36:40]Um and you have to have um income coming in. So right now, since I am still married to Mr. Shton, they're basing it off his income.

[00:36:52]>> And what will happen after this divorce is granted with that insurance?

[00:36:57]>> After the divorce is granted, um I will have to um try to get in um a job to get um the insurance.

[00:37:10]>> Is that one >> so I can keep it?

[00:37:13]>> Okay. Um, is that also one of the reasons why you're asking for some help from Mr. Shelton in the form of spousal maintenance today?

[00:37:22]>> Yes, ma'am. That is correct.

[00:37:25]>> Okay. And you believe that that spousal maintenance will help you be able to maintain that insurance through BlueCross Blue Shield?

[00:37:32]>> That is correct. Yes.

[00:37:35]>> And why don't you qualify for Medicaid right now or Medicare, I'm sorry. Right now, the reason I don't qualify is because I have an overpayment of $17,000 and they expect me to make um payments and make um to pay that up before I get anything of that sort.

[00:38:01]>> And why do you have owed them that to the Social Security Administration for the overpayment?

[00:38:08]Because according to them um when um that we did not report the that we were married and that um when we when I had my surgery um back in um 2006 and I had to go to nursing home and he was at home um he was working over the road that um we came back together and that we did not report that we were back together.

[00:38:43]>> Okay. And do you currently owe in excess of $17,000 on this overpayment?

[00:38:51]>> That is Yes, that is correct.

[00:38:55]>> I'm going to share my screen again.

[00:39:19]Ma'am, I'm showing you an exhibit that's been marked as respondents exhibit number seven.

[00:39:26]Um, is this a copy of the statement from the Social Security Administration um, showing the amount of money uh, that is owed on this overpayment?

[00:39:37]>> That yes, that is correct and that is true.

[00:39:41]>> Okay. And Y, I'm moving to offer respondents exhibit number seven into evidence.

[00:39:48]>> Okay. Any objection to the exhibit?

[00:39:54]>> No. Okay, it's admitted.

[00:39:56]>> Okay. So, ma'am, you owe $17,754 on this overpayment. Correct.

[00:40:04]>> That is correct.

[00:40:05]>> Okay. And have you ever been able to make any payments on this amount that is due?

[00:40:15]>> I have made um a thou a thousand a little under $1,000, but I don't know how it was made. I don't know if they did a reduction on it. Um >> I'm not I'm not certain on it.

[00:40:33]>> Do you remember um when you made that payment?

[00:40:38]Um I don't know if they after they in because they investigated several um several times and I don't know if they made themselves social security made an adjustment to what what was owed.

[00:40:55]>> And when was the last time that you attempted to apply uh to get some social security disability um to get it reinstated?

[00:41:05]That's been like three years.

[00:41:09]>> Okay. And did they deny you at that time?

[00:41:13]>> Yes. They said that I would have to pay um or try to make some kind of payment arrangement to pay this. and they currently want me to use some of the money that I get from the tribe um to to pay for for this um debt.

[00:41:37]>> Have you been able to make a payment plan with them?

[00:41:40]Um I am like I said I since I am bedbound right now I want to go in person and um speak to them and uh make that arrangement >> and and and let's just talk a little bit about um the assistance that you get from the tribe. I'm going to show another examp um that's been marked as responded It's exhibit number five.

[00:42:36]Ju just to cut to the chase, is this the document that we prepared showing the amount of income or not income, the amount of money that you receive each month and what your expenses are?

[00:42:48]>> Yes, that is correct.

[00:42:50]>> Okay. And you just mentioned that you do get some assistance from your tribe. Can you just briefly tell the court how they provide that assistance to you?

[00:43:02]>> What they do um it is considered um um welfare assistance through the tribe. It is um with um things that the tribe um provides to provide um make income and the whatever the tribe makes that what helps us um get some assistance.

[00:43:32]>> Okay. And how do they um give you that assistance? They give it to us um every they give it to us between three to um 3 to four months that is not guaranteed and the amount isn't guaranteed that >> on a on average each year what is the total amount that you receive from the tribe? The total amount that we receive is $12,000, but like I said before, the amount and uh is not guaranteed and it it will vary.

[00:44:15]Um and you're I'm offering to move respondents exhibit number five into evidence if I haven't already. Okay.

[00:44:27]>> Any objection to exhibit five?

[00:44:34]Okay. Hearing none, it's submitted.

[00:44:36]>> Okay. I'm sorry I didn't hear Mr. Shelton, but Okay. Um, ma'am, so on this support form, you listed that welfare assistance from the tribe and in the amount of $1,000 per month. And you determined this amount based on what you received annually. And you just did an average monthly amount, correct?

[00:44:59]>> That is correct.

[00:45:01]>> Okay. Do you receive any other sources of income?

[00:45:05]>> No, I do not.

[00:45:07]>> Okay.

[00:45:09]And right now you said that you are living I believe on the reservation.

[00:45:16]Yes, it's um it's an apartment that that is on tribal land um but it's outside the reservation.

[00:45:27]>> Okay. And how much do you have to pay right now for rent on your apartment?

[00:45:35]>> Right now the rent for the apartment is $250.

[00:45:40]current. It was $350, but because of my situation, the um tribal council took into cons took consideration all my other expenses and they are helping me with like I said 24-hour care and they are providing um everything that I need as far as transportation to and from the doctors and they're providing all my medical um supplies and everything that I might need after the insurance pays their portion of what they can pay.

[00:46:23]>> Okay. And right now you you are required to pay the for on the utilities in your apartment. Correct.

[00:46:31]>> That is correct.

[00:46:32]>> Okay. So they are not providing any cash the tribe is not providing any cash assistance for your utilities?

[00:46:39]>> No ma'am they are not.

[00:46:41]>> Okay. So right now you you stated on your support form that for gas in your apartment you pay about an average of $25.81.

[00:46:55]Correct.

[00:46:56]>> That is correct.

[00:46:57]>> Okay. And and for your electric, it looks like you pay about on average $25.75.

[00:47:04]>> That is correct.

[00:47:06]>> Okay. And right now you do have a cell phone.

[00:47:10]>> Yes, I do.

[00:47:12]>> Okay. And you and do you have internet service?

[00:47:15]>> Yes, I do.

[00:47:17]>> And so you're paying about $70 per month on both of those expenses.

[00:47:21]>> That is correct.

[00:47:22]>> Okay.

[00:47:24]And for your garbage service, you stated that you pay about $152 per month. Um why are you paying that amount for the garbage service?

[00:47:34]>> Because they um they put that as something separate and it's very expensive here. Um, and I'm and I'm currently um paying two um two bills cuz since I wasn't here in my apartment and they were doing the remodeling, they had to put the the utility in my name. So, they whatever they took out of the apartment um and they cleaned it up and they did um some adjustment. So that I'm paying currently right now I'm paying two bills. I'm paying my pass bill my name their bill and their name >> and and and you you're talking about number nine for the water >> and it's they're $250.

[00:48:38]>> Yes, that's correct. So, it's expensive because you're paying your pay to amount and the fact that they were using water when they were remodeling your apartment.

[00:48:47]>> Yes, that's correct.

[00:48:49]>> Okay. And how much are you spending on your groceries and household items? It says here $250 is per month.

[00:48:58]>> Yes, that is correct. There is times where the tribe um does give us um Walmart gift cards for for groceries only and it is specified that we are to use it only for groceries but they don't give it to us all the time. They might give us sometimes um for three months just to get us by the summer and I make um I make that money stretch.

[00:49:30]>> Um do you receive any SNAP benefits to help you with groceries?

[00:49:36]>> No, I do not.

[00:49:38]>> Okay. And right now you're not eating any meals away from your home. Correct.

[00:49:44]>> That is correct.

[00:49:46]So, we'll just go down to your other um items that you have to pay per month.

[00:49:52]You listed that you have to pay about $180 per month for your uh medicine and medical expenses and for your prescriptions. Are you paying that out of pocket right now?

[00:50:02]>> Yes, I am.

[00:50:04]>> Okay. So, the tribe is not paying for those items. there are sometimes pain but if um because I have to deal with a supply and if they don't if they can't supply one time it has to come out of my pocket like for um cuz I have I'm incontinent and I cannot get up to go to the bathroom so I have to use diapers so um to be able to go to the bathroom and then also to wipes and ointment and to protect my skin.

[00:50:41]>> Yeah. So, those are some examples of what you have to pay for out of pocket.

[00:50:45]>> Yes.

[00:50:46]>> For your medical care. Okay. And right now, um do you for laundry and dry cleaning, do you have to have someone help you um wash your clothing and and you pay $30 per month?

[00:50:59]>> Yes, ma'am. I have a I have a washer and a dryer here in my apartment.

[00:51:06]So, I have to that comes out of my my expenses from my house. I have to provide anything that I need for my house like cleaning supplies, uh laundry, um anything that that pertains to my personal care.

[00:51:24]>> Okay. And you also list that you spend about $125 per month on average on buying clothing and shoes. Is that correct?

[00:51:33]>> That is correct. Um because they when they remodeled they threw a lot of my items away um for I don't know for some some odd reason but I am um I am trying to trying to replace some of the items that they were disposed of.

[00:51:53]>> Okay. And you also listed that you have some entertainment expenses in amount of $12.99 per month. What is that expense for?

[00:52:03]>> That is um Apple TV since I can't go out right now. Um that gives me a little bit of um entertainment.

[00:52:16]>> Okay. And you also list that you uh pay $250 per month on some student loans. Um what are those student loans for?

[00:52:26]>> Those are my student loans are for my um current degree right now. I'm trying to obtain my bachelor's degree in cyber security um to be able to support myself and be self-sufficient.

[00:52:44]Are you able to make that $250 payment every month?

[00:52:49]>> Um, it is it is a little bit difficult.

[00:52:54]Um, that's why I'm needing Mr. Shelton's assistance with um spousal support.

[00:53:03]>> And do you have one other expense listed for bus passes in the amount of $50 per month? Um, just explain why you you uh pay for these bus passes. because um I am um since I'm so trying to get my degree, I'm trying to get um I have to get to and from and since I have to use a wheelchair and I use them to get to and from the groceries, to and from um once I do get um um released from the doctor, I do want to pursue to try to get some kind of a job. Um, I don't expect Mr. Shelton to um support me for the rest of my life. This is just temporarily >> until I finish my degree.

[00:54:00]>> And when will you be finished with your degree?

[00:54:02]>> My degree will be finished August of 2028.

[00:54:07]>> Okay. And and now back to this form. you the total money that you say that you need per month is $1,77155.

[00:54:17]Correct.

[00:54:18]>> That is correct.

[00:54:19]>> Okay. Um what do you do every month when you have this deficit? But you know, you get about a,000 a month from the tribe.

[00:54:26]How do you try to make ends meet if if you owe this much money per month?

[00:54:30]>> What I do is um I get assistance through some organizations like Project Bravo.

[00:54:38]Um they assist with um utilities and sometimes rent or I get try to get general assistance um through different state programs or programs that I that I re that I can um get resources from. um or um I just try to shuffle like things around what is my priorities at the time.

[00:55:11]>> Okay. So, do you miss making some payments um on some months for some of these expenses?

[00:55:19]>> Yes, I do. And then there's times where I, like I said, I priority prioritize u what is more more important like my um where I live and that I have utilities and that I have food >> and um do you have any assistance from any other family members?

[00:55:43]>> No, I no I do not. Um I have two sisters but basically uh the only the only one is is me. I'm responsible for my own um well-being >> and I have >> Mr. >> I have a caregiver I have two caregivers >> and they they between both of the caregivers they are with you 24 hours out of the day. Correct.

[00:56:16]>> Yes. Currently right now they are >> okay.

[00:56:20]Um, as far as the spousal maintenance, um, are you asking the court today to order Mr. Shelton to pay, um, up to 20% of his average monthly gross income for spousal maintenance to you?

[00:56:36]>> Yes, sir.

[00:56:38]>> Yes, I am.

[00:56:39]And you heard him testify that in the past he, you know, he was able to provide some form of support to you each month um from about 2021 to 2023. Is that correct?

[00:56:53]>> That is correct.

[00:56:55]>> And did that support at the time help you out?

[00:56:59]Yes, it did because um it helped me um pay my my rent and my one of my utilities.

[00:57:12]And also um that helped me with um with our dog and our c cat that um he let me have while we when we separated. So I provide for them.

[00:57:29]>> And and when that support stopped in 2023, how did that affect you?

[00:57:35]>> It affected me greatly because um I didn't know where I was going to to do as far as how I was going to manage um the care of of myself. Um, and I had to like reduce try to um talk to tribal council about reducing my rent so that I could um continue living in my place on my own.

[00:58:07]>> Miss Butler, we I'm sorry. It's nearly 11:00. I >> Okay, >> I think we're going to need to take our morning recess. All right, Miss Butler, you may proceed.

[00:58:17]>> Um, thank you, Yor. Um, Miss I'll be dressed. I'll just pick up where we left off. Um, when are you asking the court if the court order said Mr. Shelton has to pay sposal maintenance, when would you like the first payment to be made?

[00:58:35]>> Um, the the beginning and the middle of the month, >> the next month of June.

[00:58:44]>> Yes, that's correct.

[00:58:46]>> And so somewhere in the middle like maybe June 15th.

[00:58:50]Yes, that is correct.

[00:58:52]>> Okay. And would you want those payments to be made on the same day of each month thereafter?

[00:58:57]>> Yes, ma'am. That is correct.

[00:59:00]>> And and how would you want him if he's ordered to pay, how would you want him to get those payments to you? Um he can um pay them through um through through the um through the through electronically.

[00:59:23]>> How was he paying you in the past when he was sending you some support?

[00:59:27]>> He was paying me through cash app.

[00:59:29]>> Okay. Would you want that to to be um how it's continued to be paid now if it's ordered >> right now? I do not have cash. I do not have cash. The only one I have is PayPal.

[00:59:44]>> And would you want him to pay um you through PayPal?

[00:59:48]>> That is correct.

[00:59:51]>> Does he know your PayPal account name?

[00:59:55]>> Yes, he does.

[00:59:57]>> Okay.

[00:59:58]And then just going through the division of the the property. Um you heard testimony from Mr. Shelton today that he does not have this car in his possession and that his daughter has the Chevy tracks and she's making the payments.

[01:00:15]Um, with this new information today, does have you changed your mind about um what you want to see happen with that car, how you want the court to order um award the car to him, or do you want to make some changes? No, I um I want the card to be awarded to him.

[01:00:36]>> Okay.

[01:00:40]>> And as far as the 401k that he has through his employer, Ztrip, how are you asking the court to award you 50% of his 401k?

[01:00:55]>> Yes, that is correct.

[01:00:57]>> And and why are you asking for that?

[01:00:59]because that will help me with um spousal support.

[01:01:07]>> Well, that would be different from spousal support. This is community property. that it's because it is community property and I believe that that in addition to the um spousal support that that would help me pay off the debt um to social security so I can get my disability back.

[01:01:34]And and as and as far as the debt for the social security, how would you like the court to order that it's paid?

[01:01:42]>> Um that it is paid um um have myself and have uh him.

[01:01:53]And you heard me mention earlier in my opening that you um is it true that you're asking that any debts that you incurred in your name since the date of separation on September 15th, 2020, you're responsible for and any debts Mr. Shelton incurred in his name um from the date of separation through today he's responsible for those debts. That's what you want to see happen. Correct.

[01:02:19]>> Yes, that is correct. Okay. And you're also asking today that Mr. Shelton be responsible for any outstanding um payments due on the 2020 Chevy Tracks.

[01:02:32]>> That is correct.

[01:02:35]>> And as far as the um property that you have in your possession, you're asking the court to award that to you. Correct.

[01:02:44]>> That is correct. Yes.

[01:02:46]>> And M and Mr. Shelton can keep whatever he has in his possession right now.

[01:02:50]>> Yes, that is correct.

[01:02:53]>> And you're also asking that each of you, if you if either of you have any bank accounts, you keep the bank accounts in your name and Mr. Shelton will be awarded the bank accounts in his name.

[01:03:03]>> Yes, that is correct.

[01:03:05]>> And you are not asking for a name change today, correct?

[01:03:09]>> No, I am not. Okay. And and you are asking the court to grant your divorce today on the ground of insupportability.

[01:03:17]Yes, I am asking for that.

[01:03:19]>> Okay, I'll pass the witness on.

[01:03:23]>> Okay. All right, Mr. Shelton, if you would unmute yourself.

[01:03:29]All right. Um, there's someone in the room there with you. I need you to send them away.

[01:03:36]>> Oh, y'all are going to need Hey, everybody out.

[01:03:40]>> Thank you.

[01:03:44]>> You've got to go too, though. Is that everybody?

[01:03:47]>> Okay. Thank you. And do you have any questions for this witness?

[01:03:51]>> The only question I have for her is that um so we've been separated for almost six years and in some shape or form you have managed to maintain living in an in a in a residence paying for your living. And it was not until I filed for the divorce that you have decided that you needed spousal support. Had I not filed for this divorce, how would you have maintained yourself?

[01:04:19]>> How I have maintained myself? You know that the tribe uh helps me with some um assistance cuz we were when we were married, I also helped you with assistance. We bought um three vehicles with that assistance and you had no problems with that.

[01:04:45]>> We were together. I am saying now that you are away from me. You have not tried to file a divorce nor have you asked for any help since we've been separated. It was not until I filed for the divorce that you decided that you needed help from me. So if I had not filed for the divorce, how would you have been maintaining yourself because you would not be getting support from me because we would not be going through this divorce and why have you not filed for a divorce sooner if you were in such dire need of support?

[01:05:17]Um the the I get assistance from the tribe as much as possible and I get assistance by other resources that I seek out like project bravo and um I have recently um like stated before that I recently had an accident so unfortunately um and I am trying to do my best with this situation. And currently also um I have incurred um the expense of um burying one of our our animals, Charlie. He p recently passed away a little bit after Mother's Day. So, um it's very um it's very unfortunate that this has happened, but um I'm doing the best that I know how and I am trying to um recuperate um from this accident and um continue my school.

[01:06:34]I do not um expect you to do it forever to help me, but until I can get on my until I can finish my degree and try to um recuperate from this accident so I can um try to seek employment.

[01:06:56]>> Okay. I I'm just I'm having a really hard time understanding why if you were needing so much help that you did not take it upon yourself to file for a divorce earlier.

[01:07:05]>> Objection, your honor. He's um not asking a question. He's trying to testify question again.

[01:07:11]>> Okay. I I'm sorry. I'm not a lawyer. I don't understand all this stuff. Okay, that's fine. I'm I'm done because I can't get a right answer anyway.

[01:07:19]>> Okay. Miss Butler, anything else for this witness?

[01:07:24]>> I have nothing for this witness. Okay.

[01:07:26]>> And and I don't have any other witnesses to call. So >> So everyone rests. Okay.

[01:07:33]>> All right. Um if there are no other witnesses, then we'll move to closing statements. So Mr. Shelton, you can just give your summation of what you think the evidence has shown, what you're asking the court to do, and um you may proceed.

[01:07:53]>> Not really sure how this goes. My biggest thing still is the spousal support. She has been separated from me for six years.

[01:08:02]No longer able to support her. She has not made any efforts on her own to seek support until I actually filed the divorce. I understand she's having a rough time. I'm having a rough time surviving and living. To me, if she is in actual need of support, she would have done something earlier to to seek that instead of waiting until I filed for it. I don't feel that she is in that big of a need for it. Um, like I said, because she has done nothing to try to ask for help.

[01:08:34]>> Okay.

[01:08:36]All right, Miss Butler.

[01:08:38]>> Um, your honor, we believe that we've shown today that my client, Miss Alvitz, is permanently disabled. She testified that she was born with cerebral pausy.

[01:08:48]Um, she has along with scoliosis. Um, she's testified that she has not held a job since 2003.

[01:08:57]Mr. Shelton also acknowledged that she has not held a job since around that time. Um, we've heard testimony from Mr. Shelton today that he is employed um, fully employed and making $17.39 per hour and working 40hour work weeks. In some of those weeks, he did admit that he does get some overtime where he's paid about $26 um an hour on that overtime. Um we understand that, you know, he he doesn't have a huge income, but Miss Alvitz is totally dependent right now on some income, and it's really not income, some assistance that she receives from her tribe, and they're also helping her out with some care that she needs around the clock. Um, she's had this unfortunate accident that she testified about in February where she had an accident in her wheelchair and it fell on her and it it crushed her bones and her hip is fractured and she has um some fractures in her knees. um even though she's saying she is going to school, she is trying to, you know, better herself by going to school, but if someone is disabled and they're seeking spousal maintenance in Texas, they do not have to prove the due diligence as if they were someone who was just married 10 years or more and they were seeking um spousal maintenance based on the duration of their marriage.

[01:10:21]she's uh disabled and she is trying to uh as she said go to school and get her degree and hopefully she wants to be working after she graduates in August of 2028 but because she is disabled she does not have to show due diligence.

[01:10:36]She's we've proven that she has not been able to work in over 23 years almost 23 years. So we're um asking the court today to um award her some spousal maintenance from Mr. Shelton up to 20% of his average monthly gross income. And we're also asking um that he would the 401k plan that he has now through his employer be divided and that she receive 50% of of that. And as far as the the debts that were testified about, we're asking that he's responsible for the the car payment for the Chevy tracks awarded to him. And um we're also asking that the debt be divided for that overpayment that she received for the social security um income that she was receiving back almost 17 years over 17 years ago um in the mid to late 2000s.

[01:11:31]Um and with that chrono we're just asking um that you grant all of the relief that Miss Alvitz um is requesting today.

[01:11:42]>> Okay. All right. And the Miss Butler, the amount of spousal maintenance requested, have you done the calculations based on the statute?

[01:11:53]>> Um, I can do that very quickly on our I know it was um Sorry, hold on one second.

[01:12:18]um without even giving uh accounting for some of the overtime just based on the $17.39 per hour that he makes and um extraating alphabet it would be about $62.85 85 per month if it's based on his average monthly gross income.

[01:12:35]>> And that was I'm sorry, will you repeat that for me?

[01:12:38]>> Um $62.85.

[01:12:41]And I just said uh 1739 *4 um time 52 / 12 to get the average monthly amount, gross monthly amount, which would be 3,00 $1427 if you round up. And I just said times 20% of that. Um, and it is $62.85.

[01:13:04]>> Okay. And I'm looking at the respondents proposed disposition of the issues and I don't see that you identify a time period.

[01:13:14]Um >> um I did not try to when when someone is disabled, it can be indefinitely. But my client did testify that um you know she's believe she'll graduate in 2028 and you know she's not she testified herself she was not asking for him to pay indefinitely but that is an option if someone is disabled. She hasn't worked for over 23 years.

[01:13:36]>> Right. I guess I need to know or I'm want to understand what you're asking the court to do as far as the duration.

[01:13:44]Well, I would say indefinitely, but my client uh she testified to something else and she said herself she did not want him to pay forever. So, um >> So, you're leaving it to the court to determine based on the statute and the evidence in the case?

[01:14:02]>> Yes, Sean.

[01:14:03]>> Okay.

[01:14:06]All right.

[01:14:11]Just give me one moment.

[01:14:27]Okay. So, after having heard the evidence this morning, um I will grant the divorce on the grounds of insupportability.

[01:14:36]Um, as far as the property division of the marital estate, each party will be awarded all of their personal property that's currently in their possession.

[01:14:49]So, furnishings, clothing, everything that is in your possession is yours to keep going. Um each party is going to be responsible for all debts that they have incurred in their name after the date of separation which I have September 15th 2020 and um each party is ordered or is responsible for their 50% share of the community debt which is the overpayment to the Social Security Administration in the amount of $17,754.

[01:15:34]Um, also pursuant to Texas law, Miss Alvadres is awarded 50% of the 401k plan of Mr. Shelton.

[01:15:46]And finally, with reference to the counter petition and the request for spousal maintenance, um I do find that the respondent is disabled and pursuant to Texas law will award the spousal maintenance um beginning June 15th on the 15th day of the month uh for a year for a duration of 7 years.

[01:16:15]And Miss Butler, I'm going to ask that um will you be able to memorialize the court's rulings into a decree and submit it for entry?

[01:16:26]>> Um yes, I can, your honor. I have a draft uh that I submitted, but I can fix that draft up and get it to Mr. Shelton.

[01:16:34]Um with regard to the spousal maintenance, will it be paid as she requested as Miss Alvadress requested via um this PayPal? Yes. Okay, >> that's fine. And Miss Alvadres will be ordered to provide her PayPal account information to Mr. Shelton. Um, >> okay. I'm sorry. And I just wanted to get the amount again. I don't for some reason I didn't get >> $62.85.

[01:17:05]>> Okay.

[01:17:06]>> Is the based on the statutory formula of the gross monthly earnings of Mr. Shelton, >> ma'am.

[01:17:16]>> Okay.

[01:17:19]>> May I ask a question?

[01:17:20]>> Yes, you may.

[01:17:21]>> Okay. So, I'm just trying and I don't know, you may not be able to answer this. I may have to call the folks on this. So, you're giving her half of my retirement. I know that when you do that, there usually is some kind of a penalty for an early withdrawal. How do I Do you have any idea how I work around that or I mean is she going to have to pay half of that penalty or >> the award is based on Texas law. It's community property even though it's in your name because the account was that money was earned during the marriage. It is half yours, half hers. And that is achieved by something called a qualified domestic relations order or a quadro QR.

[01:18:10]And that um the money will stay in your 401k. It's not um it's will sit there, but that order basically divides it in half. Okay? There are there is no early withdrawals or anything like that. It will sit there.

[01:18:27]>> So, okay. So, I don't have to try to get money out to give her now.

[01:18:31]>> That's correct.

[01:18:33]>> But does that mean whatever's in there now or what is in there when I withdraw when I'm able to withdraw and retire, that's what she gets?

[01:18:43]>> I think Miss Butler may be able to um discuss this with you and explain it better. I don't know.

[01:18:51]Um, I could do that later, y'all. If >> Okay. So, but basically her half is what's in the account as of the date of divorce.

[01:19:02]>> Okay.

[01:19:03]>> What you earn going forward, sir, is yours.

[01:19:06]>> Okay.

[01:19:08]>> Does that make sense? And Miss Butler will be able to explain it to you. Um, it's >> kind of where I thought it would be is now we're divorced, so whatever I make is no longer any she has no rights to.

[01:19:20]That's correct.

[01:19:22]>> Okay.

[01:19:22]>> Right. The um new any new contributions and earnings off the new contributions are yours.

[01:19:33]>> Okay.

[01:19:33]>> Okay. So, the the order applies to how the account looked today.

[01:19:41]>> Okay. Now, can we make any kind of an amendments on the dates that I pay? I would like to be able to do it on the Fridays when I get paid and I get paid every other week on Friday. So, I mean for like around June the 15th time um >> what >> I'm looking at like I get paid like for the month of June I would pay it on June the 12th and June the 26th.

[01:20:10]I think the rulings of the court are that it be one payment per month. That is pretty standard, but I'm going to let you confer with Miss Butler offline. It's possible that y'all may be able to reach some agreements. If you if you're telling me you want to pay twice a month rather than once a month, that may be something that they're agreeable to you.

[01:20:33]Um, it's kind of non-standard, but parties are welcome to agree and uh work out things and then I'll if you work it out, I'm happy to approve that.

[01:20:43]>> Okay. Yeah. I mean, like I said, I'm living paycheck to paycheck and this is going to I'm probably going to wind up on the streets now because I won't be able to live. But if I'm going to have to pay it, then I need to do it where I'm getting when I get my paychecks.

[01:20:55]>> Okay.

[01:20:55]>> It's just too difficult to try to make one $600 payment every month.

[01:21:00]>> I understand. Do you have Miss Butler's uh telephone number?

[01:21:04]>> Um, I've got it on some of the letterheads in the emails that we've been exchanging.

[01:21:09]>> Okay. I would say this, Mr. Shelton, why don't you give her a call after we end this hearing and kind of explain that situation and let her know what you think you could do and then y'all may be able to work out. It doesn't, you know, whether it's two payments a month or one payment a month. Um, if y'all work it out, I'm happy. Um, >> it would be a big deal.

[01:21:36]>> Yeah, it it's not going to be a big deal to me, but I need y'all to work it out offline and then come and come back and she can send me the decree and let me know we've agreed on A, B, and C, and if so, then we'll get the documents um signed and on file.

[01:21:56]>> Okay. Any other any other questions?

[01:22:01]>> No, your honor.

[01:22:02]>> Okay.

[01:22:03]>> Oh, well, I just want to say if I I should be able to get the decree to him within a week. Um, if he doesn't respond, just contact your judicial ex executive assistant to try to set up a entry a motion in here.

[01:22:18]Enter. you can set up an um a lot of times we will just do the um decree by submission.

[01:22:27]>> Okay.

[01:22:27]>> And if he hasn't signed off on it, then um you know, we'll give him an opportunity to say, "I don't like this language or that language." But it will just be paper um trading more likely than an oral hearing. Now, if there's enough issues outstanding that we want a hearing, we'll let you know that, too.

[01:22:49]But that's not typical.

[01:22:52]>> So, I mean, this final decree, it's just basically what you just got through saying, I'm going to be paying 600 and whatever dollars a month for the next seven years. My property is my property, hers is hers, and the social security debt we have to split in half. And she's getting half of the 401. That's probably right.

[01:23:14]>> That's what That's what'll have. Oh, and I I'm not sure if I mentioned it, but I will award the car, Mr. Shelton, to you because you requested it and she agreed to that. So, I'll I'll I will award that vehicle um to you. So, the vehicle and the note that go with it are yours. Um >> and whatever you and your daughter have going on, that's outside my purview.

[01:23:43]All right.

[01:23:44]>> Okay.

[01:23:45]>> All right.

[01:23:45]>> Right. Yes. But the final decree is a document that's on file that says, you know, the divorce is granted, how the community estate is divided and all of that, and it memorializes the divorce and is on file here with the clerk's office.

[01:24:01]>> Okay, sounds good.

[01:24:04]>> Okay. All right. Well, definitely reach out to Miss Butler and then um Miss Butler, we'll look to maybe have the decree back from you early June.

[01:24:18]>> Yes, Shauna.

[01:24:19]>> Okay. Maybe. Well, uh I guess next week is already early June. Um but if we could get it maybe by the 8th.

[01:24:27]>> Yes, I can do that, Charter. Thank you.

[01:24:30]>> All right. Thank you very much and thank you for your patience and uh time today.

[01:24:35]Um seeing nothing else, I'll excuse the parties and everyone from the virtual courtroom. Uh best