Say That Again? Ch. 02

The monies in the checking and savings accounts at the time I filed were mine as was the house, furniture and appliances. However I was still going to be required to pay child support and spousal maintenance. As to the spousal support and child support a review showed the proper formula's for those payments were not followed. The review adjusted the spousal support down by two-thirds and the child support down by fifty percent. I told him that I would like the child support left as it originally was. And then he said:

"And now for the bad news. Your being in jail does not negate your child support and spousal maintenance and since you are incarcerated and not working we will be placing a lien on your bank accounts. Any questions?"

"Yes your honor, I have one on the bank accounts. Since the original judge allowed my wife access to those accounts can we go back to the amounts in those accounts on the day I was jailed and have whatever my wife pulled out of those accounts applied to the arrearage?"

"We can. Anything else?"

"I still don't see why I have to pay alimony to the woman who cheated on me when the pre-nup clearly states the cheating party gets nothing. I understand the child support even though I don't understand why a cheating slut can be considered to be a better parent that the non-cheating partner. How can a woman of low morals be considered to be the right parent to raise the child?"

"Studies have shown that a child fares better living with the mother so that is the way the courts tend to go. The main thing courts look at in a divorce where children are involved is the welfare of the child. The fact that the mother has cheated does not, at least in most cases, make her an unfit mother. Stand back and take an honest look. Has your wife been a good mother to your son?"

"Yes, she has."

"Case closed. Now for the kicker. We cannot and will not allow contempt of court to go unpunished. You are going to have to finish out your sentence."

"I understand."

When I got back to jail I wondered why they had even bothered to pull me out of my cell just to tell me what I'd been told. That could have been done when I went back in front of the judge at the end of my forty-five days.

+++++++++++++++++++++++++

Release day arrived and when I got to the courtroom my attorney was there and I saw Penny siting in the spectator section. I went in front of a different judge and we went all through the formalities and when I was cut loose I turned and saw Penny wasn't there. I wondered what was up with that. They took me into the back for out processing and when I was released and came out I found her in the hall waiting for me.

"Your dad was going to pick you up, but I talked him into letting me do it."

"Why would you do that?"

"We will be alone in the car and we can talk without being interrupted."

"Where's Robbie?"

"With your parents."

My face must have shown something because she said "You seem surprised>"

"I would have expected that he would be with yours."

"Why would you think that? They are his grandparents too. Besides, that is where we are going and I expected that you would want to see him so he will be there waiting to see you."

There were several seconds of silence and the Penny said "I know what you want to know so I'll get it out of the way. When Jake came to work and they paired me with him there was an instant attraction. Nothing sexual, just someone I wanted to be around. We had lunch together several times and yes he was working to get into my pants. I will admit that I liked the attention. The harder he tried the more I led him on. I flirted with him, but that is all it was ever going to be. Until the night you came down to the bar to check up on me.

"It is no excuse and I know it. It was absolutely stupid of me and I knew it, but it pissed me off that you didn't trust me so I didn't rush home after you. I said to myself "To hell with him; I'll show him" and I flirted even more outrageously with Jake. Had several more drinks, got into a heavy make out session in my car with Jake that ended up with me getting laid on the back seat. I didn't set out to do it, I didn't mean to do it, but I stupidly let it happen."

"And the "Hell with him" attitude carried over into Friday?"

"No. What happened to me Friday was Thursday woke up the part of me I'd thought I'd put behind me. I've told you this before Bobby; I love you, always have and always will, but there is something in me that wants to see what other guys are like. I thought I'd put it behind me and I had been absolutely faithful to you for our entire marriage until that Thursday night. Friday happened because I was pretty much in the bag when Thursday happened and since it had happened I knew I was pretty much toast as far as you were concerned so Friday was to see what he might be like sober. I'm sorry Bobby; I really am."

"I'm just surprised you lasted as long as you did. I just knew you couldn't be faithful. That�s why I had doubts about marrying you to begin with. If you hadn't come up with that prenuptial idea � and a lot of good that did me � I never would have married you."

"I thought you loved me."

"I did. I do, but I never completely trusted you. And because I never trusted you it was all too easy for your behavior to get me off my butt and to look into things."

"My behavior?"

"Yes; your behavior. You think I didn't notice when your nights out went from one to two and your come home times went from six-thirty to ten? You were waving a red flag in front of me and it finally got my attention and that is what brought me down to that bar that night."

"I'm sorry Bobby, I really am, but I can't help it. I've tried Bobby, I really did try and I thought I had it beat. I managed to fight it off for six years, but I guess I am what I was meant to be. Even though our marriage is toast can we at least be friends?"

"I don't know why not. It will be much easier where Robbie is concerned if we are friendly."

"Friends with benefits?"

"I don't think that would be a good idea."

"Why not? I think it is a great idea."

"No it wouldn't be. For one thing, by your own admission, the thing that makes you what to see other men are like is still there. You hate condoms and would never let me use one so I know you would never make one of 'those others' use one. Sooner or later one of those men is going to give you something that I don't want."

"That was certainly cold."

"Cold maybe, but the truth."

"I could change."

"Maybe you could, but then again maybe you couldn't. Bottom line Pen is I don't trust you."

The really sad part? I loved Penny and it was going to hurt like hell not being with her, but as John Wayne said in one of his movies, at least I think it was John Wayne; "A man's got to do what a man's got to do."