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I was supposed to get our older son a car

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and he was supposed to get
our younger son a car.

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It was never agreed upon.

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Now, he's buying
his new wife's kids vehicles.

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But so what?

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Okay. I'm...

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My mom was just trying to be a good mom
and give them what they wanted.

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You're fighting over this
and the bottom line is

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when they turn 16, they don't wanna be
with either one of you.

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[announcer] Now on Tribunal Justice.

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["Ride of the Valkyries" plays]

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[announcer] Today's case was filed
in Moreno Valley, California.

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[Byrd] Your Honor, this is case number
2093 on the calendar

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in the matter of Montez versus Montez.

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- Thank you, Byrd.
- You're welcome, Judge.

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Parties have been sworn in,
you may be seated.

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Ms. Montez, the defendant
is your ex-husband.

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- Yes.
- [Judge Acker] And you are suing him

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for $10,000,

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which is the amount
that you say he owes you

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for his portion of the price of a vehicle
for one of your sons.

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- Yes.
- [Judge Acker] Mr. Montez,

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you say you never had an agreement
and you don't owe her a dime.

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- That's correct.
- [Judge Acker] You were divorced in 2015.

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A few years later in 2019,
according to your complaint, ma'am,

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that's when there's a discussion
about what are you gonna do

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for the boys and their cars?

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You made a big point, sir,

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of saying that you wanted to lease cars
for your sons.

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You didn't want a lease.

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You thought it was irresponsible.

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Is it material? Like, would that matter?

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No, the thing is, is we never came
to an actual agreement on anything.

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I had brought up the fact that
two of my current wife's daughters had,

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uh--got a vehicle leased for them
for three years.

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After that lease ran up,

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they were given the option to buy the car
if they wanted to.

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I mentioned that to her,
but it was never agreed upon.

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[Judge Acker] Okay.
I was just trying to be clear about that.

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So then let's keep running through
the timeline.

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2022, your older son gets his license.

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- You buy him a car.
- [Susan] Yes.

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Um, I was supposed to get
our older son a car

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and he was supposed to get
our younger son a car.

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- That's what you say.
- [Susan] Uh-hmm.

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But where is there evidence
of that agreement?

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It was when my daughter and I
were in the car together.

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I was on the phone with him.

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We were discussing it
and we made an agreement.

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[Jason] Absolutely not.

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We had discussed that as an option,

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but we never came to any agreement on it.

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And then cut to a year later,

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the younger son wants your car.

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- So you give him your car.
- Yes.

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[Judge Acker] You don't buy him a new car.
You don't lease him a car.

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You give him your car
and then you buy a new car.

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And in effect, what we're here over is

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$10,000 that you think
you're entitled to for your car.

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Kind of.

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He didn't stand by the agreement,

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so I paid $22,000 for my son--
my older son's car.

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So I'm just half of that then.

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My point to you, ma'am,
is you keep talking about an agreement.

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But even the evidence that you submitted,

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you're like, "You gotta buy him a car.

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You gotta give some money for this car."
He says, "No.

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I can't afford it."

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He says that right out of the box.
That's in your evidence.

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Well, that's--I don't know if you've
looked through all of the text messages.

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[Judge Acker] I sure have.

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- Um, he...
- [Judge Acker] January 16th.

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"How are we going to work this out?

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Do you just wanna give me
what you were going to put into his car?

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I'm guessing around $10,000."

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- [Susan] Uh-hmm.
- Unequivocally, he says, "No.

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I can't afford it now
that I had to go back to court,"

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'cause you went back to court
and you had to pay more child support?

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- Correct.
- [Judge Acker] And then your response,

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you can do it exactly
like you were going to do it for him,

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2,000 down and $200 a month
for three years.

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His response, again, pretty unequivocal.

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"No." And then he was like,
"I'm not doing anything for his car

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now that I have to pay more
for child support."

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I mean, where is the agreement?

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Well, he's saying he's not gonna do it now
because X, Y, and Z.

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No, not X, Y, and Z.
He had to pay more child support.

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No, but, now the child support is far less

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because my older child fell off.

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So now it's just the one child.

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He goes snowboarding,

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he has school events,
he has fuel, insurance.

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Sure. But this case
isn't about any of those things.

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[Susan] No, I know, but that's the thing.

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[Judge Acker] No, no, no.
But put your facts in context.

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You want your ex-husband to pay $10,000
toward your car

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because you didn't buy the kid a new car.

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You chose to give him your family car
and you got yourself a new car,

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and now you want your ex-husband
to pay some money.

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I'm not seeing the legal justification
for your position.

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So when we were married,
we bought my daughter a car--

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or no, we didn't buy it,
we gave her a car,

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- and then I got a new car.
- [Judge Acker] Uh-hmm.

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And then when--during that time,

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we agreed that we can't just do it
for one, we gotta do it for all of them.

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- [Judge Acker] Sure.
- And then...

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- [Judge Acker] When you were married?
- Yes.

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Now, he's buying his new wife's kids--
um, leasing them vehicles.

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[Judge Acker] But so what?

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When people are married
and they're living in the same household

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and they're pooling their funds

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and they are part of a joint community,
they say, "You know what?

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We're gonna do this. We're gonna do that."

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And then they get divorced.

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And then the divorce court
settles everybody's obligations.

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Use your child support money.
That's his position.

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[Susan] Okay.

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We had always agreed. And I don't know--

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I really don't know why...
[exhales sharply]

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okay. I'm... [exhales sharply]

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[Judge Acker] You don't know why what?

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You don't know why he's denying liability?

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Because he said he had to pay
more child support.

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I'm gonna also say this, you know,
I read all of the texts.

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- Uh-hmm.
- [Judge Acker] And in one of those texts,

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I thought this was a little bit,

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I don't wanna say shady,
you know, divorce gets tough.

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And when there are kids involved,
it can be tougher.

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But there's one point where he says,

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"I'm not doing this. I can't afford it."

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And you say to him,
"Okay, well, you tell him."

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And then he does and then you get mad.

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You're like,
"Well, you're telling him our business."

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[exhales sharply] Okay.

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[chuckles]

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I'm sorry. I am frazzled right now.

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- Don't be frazzled.
- My son knew

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that his father was going
to get him a car.

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He knew this.

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And it was always the agreement.

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And I did not wanna bring
my kids into this.

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- Yeah, you did. You told him to call.
- [Susan] But--no, no, no. No, no, no.

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You didn't wanna bring
your kids into this.

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I did not wanna bring my kids
into all of this mess.

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They don't know what's going on right now.

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I told him because my son knew
that he was getting him a car,

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and he's like, "Ma, I want the family car.
I want my--I want your car."

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So I'm like, "Okay."

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So that's why on the text messages,
I'm like, "So how are we gonna do it?"

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He's like, "No." He makes
three to four times more than me.

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I'm a single mom.

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- I have...
- That's why you get child support.

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No, I understand that. But I have
to live in a house that, you know,

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I--it's--if it was just me,
I'd rent a room somewhere,

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I would get an apartment.

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But I have to because I have children.

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Please, I'm not being disrespectful.

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But if feels to me like
you were re-litigating your divorce

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and re-litigating
your support obligations,

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and this just isn't the platform for it.

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Sir, did you not think
that you had some obligation

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of some sort to kick in
for the youngest son?

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So I had never came to any
kind of agreement for that.

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Over the last 15 months,
I've given her over $31,500

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just in child support,

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not including the spousal support,

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which is like another 11,000 something.

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So that money should be
going towards the kids.

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[Judge Acker] All right. Judge DiMango.

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There is a big picture here.

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I wanna just clear up a few things

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'cause you said some things
that might seem inconsistent.

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This young lady is your daughter
from a prior relationship.

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- Yes.
- [Judge DiMango] The two boys,

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you are referring to are the children
you both have in common.

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- Yes.
- [Judge DiMango] The two girls

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00:07:51,700 --> 00:07:54,200
who you are referring to
who are leasing a car

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00:07:54,266 --> 00:07:57,533
are your new wife's children,
not yours, correct?

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00:07:57,600 --> 00:07:59,533
Correct. She had already had
previous to our marriage.

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00:07:59,600 --> 00:08:01,467
[Judge DiMango] Okay.
Now, right then and there,

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00:08:01,533 --> 00:08:04,800
I could see Mrs. Montez saying,

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00:08:04,867 --> 00:08:07,567
they're not even his kids
and he's leasing a car

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00:08:07,633 --> 00:08:10,433
and he's got these two boys
and he's not doing right by them.

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00:08:10,500 --> 00:08:14,433
I did not lease those cars for them,
my current wife did.

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00:08:14,500 --> 00:08:15,834
And I have the paperwork that shows that.

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00:08:15,900 --> 00:08:17,700
[Judge DiMango] Okay. So to clear that up,

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00:08:17,767 --> 00:08:19,767
but everything you say,
there's gonna be a counter to.

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00:08:19,834 --> 00:08:23,300
So the point is,
there's a little bit of that going on.

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00:08:23,367 --> 00:08:25,033
So now I'm gonna turn to you and say,

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00:08:25,100 --> 00:08:27,767
child support is a statutory amount

191
00:08:27,834 --> 00:08:30,533
- based on your adjusted gross income.
- Correct.

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00:08:30,600 --> 00:08:31,900
[Judge DiMango]
So if you have two children,

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00:08:31,967 --> 00:08:34,366
I'm not sure about your jurisdiction,
but most jurisdictions,

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00:08:34,433 --> 00:08:37,967
two children would be 25%
of your adjusted gross income.

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00:08:38,033 --> 00:08:40,265
And then when your older child leaves,

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it's 17% for one child.

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00:08:42,400 --> 00:08:44,133
That's what you would get
for child support.

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00:08:44,200 --> 00:08:45,734
- Okay.
- [Judge DiMango] There was no adjustment

199
00:08:45,800 --> 00:08:49,133
in spousal support in this case
as best as I can see.

200
00:08:49,200 --> 00:08:51,567
So what is child support for?

201
00:08:51,633 --> 00:08:55,165
Child support
is for clothes, food, shelter,

202
00:08:55,233 --> 00:08:58,033
and extra money like cars

203
00:08:58,100 --> 00:09:00,600
is something that in this particular case

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00:09:00,667 --> 00:09:02,934
based on the agreement I've seen,

205
00:09:03,000 --> 00:09:07,500
you two need to agree to
outside the four corners of your divorce.

206
00:09:07,567 --> 00:09:11,400
I did divorces as a judge in New York
for three years

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00:09:11,467 --> 00:09:16,000
and I view anything that we do
in these cases with children,

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00:09:16,066 --> 00:09:18,300
not only in the best interest
of the child,

209
00:09:18,367 --> 00:09:21,300
which is what the law mandates
that we do as judges,

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00:09:21,367 --> 00:09:23,300
but also on a fairness principle.

211
00:09:23,367 --> 00:09:25,266
What is fair here?

212
00:09:25,333 --> 00:09:29,233
Is it fair that one boy gets a car
and the other one doesn't?

213
00:09:29,300 --> 00:09:31,867
Is it fair that she picks up both?

214
00:09:31,934 --> 00:09:35,667
Is it fair that you hold him to
an agreement that he didn't agree to?

215
00:09:35,734 --> 00:09:38,834
By the way, was that car paid for
outright, Ms. Montez?

216
00:09:38,900 --> 00:09:39,900
Which one?

217
00:09:39,967 --> 00:09:41,834
[Judge DiMango] The--your older boy's car.

218
00:09:41,900 --> 00:09:44,266
Not outright. I put $10,000 down.

219
00:09:44,333 --> 00:09:45,767
And you made payments towards that car...

220
00:09:45,834 --> 00:09:47,200
- I did, yes.
- ... to pay it off.

221
00:09:47,266 --> 00:09:49,834
And you never made
any of those payments, sir?

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00:09:49,900 --> 00:09:53,000
- That's correct.
- [Judge DiMango] Now, you got boys.

223
00:09:53,066 --> 00:09:54,500
- Do you love them?
- I absolutely do.

224
00:09:54,567 --> 00:09:55,734
Do they love you?
You think they do at least...

225
00:09:55,800 --> 00:09:56,800
[Jason] I think they do.

226
00:09:56,867 --> 00:09:58,734
... as much as kids that age love anybody?

227
00:09:59,834 --> 00:10:03,233
Do you think that getting them a car
is a good thing?

228
00:10:03,300 --> 00:10:04,667
- I do.
- [Judge DiMango] Okay.

229
00:10:04,734 --> 00:10:08,333
Why would you not want to contribute?

230
00:10:09,567 --> 00:10:12,233
[announcer] Coming up on Tribunal Justice.

231
00:10:12,300 --> 00:10:14,233
Did you leave her or did she leave you?

232
00:10:14,300 --> 00:10:15,333
'Cause there's an anger here.

233
00:10:15,400 --> 00:10:17,233
There's something running underneath this.

234
00:10:17,300 --> 00:10:18,900
[dramatic musical sting]

235
00:10:20,800 --> 00:10:22,066
[theme music plays]

236
00:10:22,133 --> 00:10:27,700
[announcer] Susan Montez is suing
ex-husband Jason Montez for $10,000.

237
00:10:27,767 --> 00:10:32,200
Susan claims her ex always agreed
to help buy their son a car.

238
00:10:32,266 --> 00:10:34,934
Jason claims nothing was ever agreed on,

239
00:10:35,000 --> 00:10:39,100
and his ex-wife is already getting plenty
of financial support.

240
00:10:39,165 --> 00:10:42,433
Why would you not want to contribute?

241
00:10:42,500 --> 00:10:46,734
So, uh, when we had originally discussed
this in the neighborhood of 2019, um...

242
00:10:46,800 --> 00:10:48,033
- [Judge DiMango] Uh-hmm.
- ... she--

243
00:10:48,100 --> 00:10:50,734
we had kind of briefly
just spoke about it.

244
00:10:50,800 --> 00:10:53,834
And all of a sudden, he just has a car.

245
00:10:53,900 --> 00:10:57,333
I think I found out about it
on Instagram or something and...

246
00:10:57,400 --> 00:11:00,133
[Judge DiMango] Okay.
So did you feel that that purchase

247
00:11:00,200 --> 00:11:04,333
was disrespectful of you
and your position as their father?

248
00:11:04,400 --> 00:11:07,667
Was it like spiteful?
'Cause I did notice, honestly speaking,

249
00:11:07,734 --> 00:11:10,166
in the text messages when you wrote,

250
00:11:10,233 --> 00:11:13,033
"I can't buy him a car because now
I have to pay more child support."

251
00:11:13,100 --> 00:11:16,100
It was kinda like a little spiteful,
but spiteful to her,

252
00:11:16,166 --> 00:11:18,333
but really ends up being spiteful
to your son.

253
00:11:18,400 --> 00:11:20,433
Did you leave her or did she leave you?

254
00:11:20,500 --> 00:11:22,233
- You left her?
- No, I left him.

255
00:11:22,300 --> 00:11:23,300
I left the house,
and then, she [indistinct] for--

256
00:11:23,367 --> 00:11:24,367
[Judge DiMango] Yeah.
And you had a girlfriend at the time?

257
00:11:24,433 --> 00:11:25,433
- I left him.
- No, I did not.

258
00:11:25,500 --> 00:11:27,800
[Judge DiMango] Okay.
'Cause there's an anger here.

259
00:11:27,867 --> 00:11:29,667
There's something running underneath this.

260
00:11:29,734 --> 00:11:31,233
So what do you think would be fair?

261
00:11:31,300 --> 00:11:33,300
If you think your boys should have a car,

262
00:11:33,367 --> 00:11:37,233
what do you think would be fair for you
to have contributed to each boy?

263
00:11:37,967 --> 00:11:39,600
I honestly do not--I do not know.

264
00:11:39,667 --> 00:11:41,700
You're not gonna bid against yourself.
I got it.

265
00:11:41,767 --> 00:11:44,100
This is, to me,
it's always about what's fair

266
00:11:44,165 --> 00:11:45,667
when there's children involved.

267
00:11:45,734 --> 00:11:48,433
I think you've gotta be able to be
in a place where you could say,

268
00:11:48,500 --> 00:11:52,800
I think that this would be the right thing
for their mental health and development.

269
00:11:52,867 --> 00:11:54,967
And I wouldn't put her up
in the stand either

270
00:11:55,033 --> 00:11:58,500
'cause I don't think that any child
should have to testify against any parent

271
00:11:58,567 --> 00:12:00,734
whether it's their parent or not.

272
00:12:00,800 --> 00:12:01,800
Judge Levy.

273
00:12:01,867 --> 00:12:05,967
How would you describe his relationship
with your younger son?

274
00:12:06,033 --> 00:12:07,934
- Very strained.
- [Judge Levy] Okay. In what way?

275
00:12:08,000 --> 00:12:10,100
[Susan]
And with the older as way--as well.

276
00:12:10,166 --> 00:12:11,700
Okay. In what way?

277
00:12:11,767 --> 00:12:14,367
Um, they used to go over there

278
00:12:14,433 --> 00:12:17,567
and every time they'd go over,
he wouldn't spend time with them.

279
00:12:17,633 --> 00:12:21,100
And so that's why they wanted to pull back
and maybe go less,

280
00:12:21,166 --> 00:12:24,333
and I talked to him
about it multiple times,

281
00:12:24,400 --> 00:12:26,367
and he would always say, um,

282
00:12:26,433 --> 00:12:28,800
"Oh, well, let's follow
what the divorce decree says."

283
00:12:28,867 --> 00:12:30,900
And he brought me back to court
to lower the amount.

284
00:12:30,967 --> 00:12:32,533
Hold on.
And the divorce decree, by the way,

285
00:12:32,600 --> 00:12:34,367
set up co-parenting time, right?

286
00:12:34,433 --> 00:12:35,834
Wasn't it Sunday morning
to Tuesday morning?

287
00:12:35,900 --> 00:12:36,900
Tuesday morning.

288
00:12:36,967 --> 00:12:39,200
And that was all the way back from 2015?

289
00:12:39,266 --> 00:12:40,266
Yes.

290
00:12:40,333 --> 00:12:43,734
[Judge Levy]
And now, all of a sudden, in 2022,

291
00:12:43,800 --> 00:12:46,200
and your younger son
is how old now, in '22?

292
00:12:46,266 --> 00:12:47,533
- '22, he was...
- He was 15.

293
00:12:47,600 --> 00:12:48,600
[Judge Levy] Fifteen.

294
00:12:48,667 --> 00:12:51,934
You, for some reason,
decide to go back to court

295
00:12:52,000 --> 00:12:54,266
to reduce, formally,

296
00:12:54,333 --> 00:12:58,500
the visitation schedule
from Sunday to Tuesday

297
00:12:58,567 --> 00:13:01,633
every week to alternating weekends,

298
00:13:01,700 --> 00:13:04,533
Friday to Sunday. Why?

299
00:13:04,600 --> 00:13:06,734
He ended up getting weekends off

300
00:13:06,800 --> 00:13:09,300
and he wanted to take the kids
every weekend.

301
00:13:09,367 --> 00:13:10,734
I don't wanna lose my weekend time.

302
00:13:10,800 --> 00:13:13,133
[Judge Levy] Why not just say,
"Let's just come up with a schedule

303
00:13:13,200 --> 00:13:15,734
- that our son feels comfortable with?"
- Exactly.

304
00:13:15,800 --> 00:13:18,000
[Judge Levy] Just change it, modify it.
Did you object to that?

305
00:13:18,066 --> 00:13:19,066
- [Susan] Yes.
- [Jason] I did.

306
00:13:19,133 --> 00:13:20,667
- [Judge Levy] Okay.
- I wanted to see them more.

307
00:13:20,734 --> 00:13:22,000
I love those kids.

308
00:13:22,066 --> 00:13:24,233
[Judge Levy] So she had to go to court
to get that reduced.

309
00:13:24,300 --> 00:13:25,567
- Yes.
- [Judge Levy] Okay.

310
00:13:25,633 --> 00:13:28,467
Well, I get it,
that was probably not a good move.

311
00:13:28,533 --> 00:13:29,834
[Stephanie] Can I interject real quick?

312
00:13:29,900 --> 00:13:31,266
If you have something to add
on that point?

313
00:13:31,333 --> 00:13:32,500
- [Stephanie] Yeah.
- Sure.

314
00:13:34,834 --> 00:13:37,200
So, them being my siblings--

315
00:13:37,266 --> 00:13:39,100
sorry, I'm getting a little emotional.

316
00:13:39,165 --> 00:13:41,233
No, you can't ask to come up here
and talk and then cry.

317
00:13:41,300 --> 00:13:42,567
You can't do that.

318
00:13:42,633 --> 00:13:44,834
[Stephanie]
Them being my siblings, we do talk often.

319
00:13:44,900 --> 00:13:48,433
Knowing them wanting to change it,

320
00:13:48,500 --> 00:13:51,333
my mom was just trying to be a good mom
and give them what they wanted.

321
00:13:51,400 --> 00:13:52,900
That's all she was trying to do.

322
00:13:52,967 --> 00:13:56,300
And if he wanted to see them,

323
00:13:56,367 --> 00:13:58,400
he would've actually made the time.

324
00:13:58,467 --> 00:14:01,967
And they've voiced that and--
to both of us.

325
00:14:02,033 --> 00:14:03,200
[Judge Levy] I get it.

326
00:14:03,266 --> 00:14:05,166
Can I tell you, in the new court order?

327
00:14:05,233 --> 00:14:06,834
He was, um--

328
00:14:06,900 --> 00:14:10,300
said he can have two times a month
to go to dinner with my younger son.

329
00:14:10,367 --> 00:14:12,033
- Doesn't ever do it.
- [Judge Levy] I get it.

330
00:14:12,100 --> 00:14:14,834
And you'll eventually end up
paying for that, if that is true.

331
00:14:14,900 --> 00:14:16,400
But that's not the point here.

332
00:14:16,467 --> 00:14:20,767
But when you, in your text messages,
you say to the defendant,

333
00:14:20,834 --> 00:14:23,367
"Call your younger son right now
and tell him

334
00:14:23,433 --> 00:14:25,266
that you're not getting him the car."

335
00:14:25,333 --> 00:14:27,800
What did you want him
to tell that to your son for?

336
00:14:27,867 --> 00:14:32,333
Because my younger son already knew that
his dad was going to provide him a car.

337
00:14:32,400 --> 00:14:35,133
Okay. So he already knew it
and now he's not gonna get it.

338
00:14:35,200 --> 00:14:37,600
So you tell your ex-husband here,

339
00:14:37,667 --> 00:14:42,667
"You call your son and you tell him
why he's not getting a car."

340
00:14:42,734 --> 00:14:46,066
And then, four days later on January 20th,

341
00:14:46,133 --> 00:14:49,734
you text him, "You shared
parental issues with our son.

342
00:14:49,800 --> 00:14:51,633
Why would you think that's okay?

343
00:14:51,700 --> 00:14:54,800
That's between you and I, not a child."

344
00:14:54,867 --> 00:14:56,667
But you told him to speak to your son.

345
00:14:56,734 --> 00:14:59,133
- Why--as to why--like...
- [Judge Levy] Yeah.

346
00:14:59,200 --> 00:15:01,066
... tell him you're not getting him a car.

347
00:15:01,133 --> 00:15:02,300
- I mean, that's all he had to say.
- [Judge Levy] Okay.

348
00:15:02,367 --> 00:15:04,000
- And that's his responsibility.
- "Hey, I'm not gonna get you a car."

349
00:15:04,066 --> 00:15:06,900
And he would've done that.
And he would've explained everything.

350
00:15:06,967 --> 00:15:09,467
The point that Judge Acker
was making earlier

351
00:15:09,533 --> 00:15:12,533
was that you can't play both sides
of the fence.

352
00:15:12,600 --> 00:15:16,967
Now, what you're saying is
that there was a valid agreement

353
00:15:17,033 --> 00:15:19,867
that you entered into, an oral agreement.

354
00:15:19,934 --> 00:15:23,600
So in 2019,
when you had this agreement, allegedly,

355
00:15:23,667 --> 00:15:25,233
your younger son was 12.

356
00:15:25,300 --> 00:15:28,900
The purchasing of the car was not
gonna take place for four more years

357
00:15:28,967 --> 00:15:30,767
- for your younger son.
- Yes,

358
00:15:30,834 --> 00:15:33,600
- because...
- Hold on, that's important.

359
00:15:33,667 --> 00:15:36,200
Oral contracts are absolutely enforceable.

360
00:15:36,266 --> 00:15:38,867
But when you have a party who is denying

361
00:15:38,934 --> 00:15:41,934
having a meeting of the minds,
you are the plaintiff here.

362
00:15:42,000 --> 00:15:43,567
- It is your responsibility...
- [Susan] Right.

363
00:15:43,633 --> 00:15:45,433
... to prove what the terms were.

364
00:15:45,500 --> 00:15:48,667
How much he agreed to give,

365
00:15:48,734 --> 00:15:51,133
when he agreed to give it,

366
00:15:51,200 --> 00:15:54,233
what type of car he was going to purchase.

367
00:15:54,300 --> 00:15:58,867
These are the things that must be agreed
to for there to be a meeting of the minds.

368
00:15:58,934 --> 00:16:01,834
I know there was no meeting of the minds

369
00:16:01,900 --> 00:16:05,233
because of what you said
in one of your first texts,

370
00:16:05,300 --> 00:16:07,033
January 16th,

371
00:16:07,100 --> 00:16:09,800
"Your younger son wants my car
when he gets his license.

372
00:16:09,867 --> 00:16:11,367
How are we gonna work this out?

373
00:16:11,433 --> 00:16:15,133
Do you just wanna give me
what you are going to put into his car?

374
00:16:15,200 --> 00:16:17,700
I'm guessing $10,000."

375
00:16:17,767 --> 00:16:20,934
"I'm guessing $10,000," means

376
00:16:21,000 --> 00:16:23,934
could've been more,
could've been less, right?

377
00:16:24,000 --> 00:16:26,300
Well, what he said he did
for the other kids,

378
00:16:26,367 --> 00:16:27,800
he was gonna do for our kids.

379
00:16:27,867 --> 00:16:30,066
[Judge Levy] By the way, that amorphous,

380
00:16:30,133 --> 00:16:33,200
nondescript agreement
is not a meeting of the minds.

381
00:16:33,266 --> 00:16:36,066
And what he's saying is because
there was a change in circumstances,

382
00:16:36,133 --> 00:16:37,900
regarding you taking him back to court,

383
00:16:37,967 --> 00:16:39,500
that that even though you may not agree

384
00:16:39,567 --> 00:16:42,100
and that may not be the greatest thing
for your relationship with your son,

385
00:16:42,165 --> 00:16:43,400
that's a completely different story...

386
00:16:43,467 --> 00:16:44,467
Uh-hmm.

387
00:16:44,533 --> 00:16:45,700
[Judge Levy] ... as far as contractually.

388
00:16:45,767 --> 00:16:47,600
I just don't believe
that you've met your burden

389
00:16:47,667 --> 00:16:51,233
to prove that there was a full meeting
of the minds on that oral contract.

390
00:16:51,734 --> 00:16:52,800
I have nothing further.

391
00:16:52,867 --> 00:16:55,400
I have something very briefly
for Mr. Montez.

392
00:16:55,467 --> 00:16:57,467
- Yes, Your Honor.
- [Judge Acker] What impact do you think

393
00:16:57,533 --> 00:17:01,834
this lawsuit is going to have
on your relationship with those two boys?

394
00:17:03,367 --> 00:17:05,900
[announcer] Coming up on Tribunal Justice.

395
00:17:05,967 --> 00:17:08,200
I think you're somewhat jealous
of whatever goes on in that home,

396
00:17:08,266 --> 00:17:11,834
and I think you were angry
at the child support.

397
00:17:11,900 --> 00:17:14,066
So, doing the right thing and being fair

398
00:17:14,133 --> 00:17:16,333
doesn't always comport with
what the law is.

399
00:17:16,400 --> 00:17:17,567
[dramatic musical sting]

400
00:17:19,333 --> 00:17:21,066
[theme music plays]

401
00:17:21,133 --> 00:17:24,266
[announcer] Susan Montez claims
her ex-husband, Jason Montez,

402
00:17:24,333 --> 00:17:27,567
always agreed to help pay
for their son's car.

403
00:17:27,633 --> 00:17:31,700
She's suing her ex for not living up
to his end of the deal.

404
00:17:31,767 --> 00:17:35,900
But Jason says his ex loves to take him
to court whenever she needs something,

405
00:17:35,967 --> 00:17:37,900
so he's not agreeing to anything.

406
00:17:37,967 --> 00:17:40,633
What impact do you think this lawsuit

407
00:17:40,700 --> 00:17:43,834
is going to have on your relationship
with those two boys?

408
00:17:44,767 --> 00:17:45,934
I don't--I don't know.

409
00:17:46,000 --> 00:17:48,934
I didn't wanna--I didn't wanna
bring them into this at all.

410
00:17:49,000 --> 00:17:50,200
Do you have a relationship with them now?

411
00:17:50,266 --> 00:17:51,700
[Jason] I do. Yes.

412
00:17:51,767 --> 00:17:55,633
The youngest son seems to only go with me
when we're doing something fun, you know?

413
00:17:55,700 --> 00:17:58,333
Like going to a hockey game
or something like that.

414
00:17:58,400 --> 00:18:01,100
But, um, they don't come over
like they used to.

415
00:18:01,166 --> 00:18:02,166
[Judge Acker] Thank you.

416
00:18:02,233 --> 00:18:05,266
Even if you were in the house with them
as a family,

417
00:18:05,333 --> 00:18:07,633
they're not gonna stay home with you two.

418
00:18:07,700 --> 00:18:09,633
You know, I used to say to people,
"You're fighting over this,

419
00:18:09,700 --> 00:18:11,367
it's costing you all this money
for lawyers,

420
00:18:11,433 --> 00:18:13,233
and the bottom line is, when they turn 16,

421
00:18:13,300 --> 00:18:14,500
they don't wanna be
with either one of you."

422
00:18:14,567 --> 00:18:15,567
[Judge Acker] They wanna be out.

423
00:18:15,633 --> 00:18:17,033
You know, that's the reality.

424
00:18:17,100 --> 00:18:19,800
When you keep saying
this is what he did for the other kids,

425
00:18:19,867 --> 00:18:21,600
you mean his current wife's children?

426
00:18:21,667 --> 00:18:22,734
Yes.

427
00:18:22,800 --> 00:18:26,066
See, then there's two things that I think
are at play here in conflict.

428
00:18:26,133 --> 00:18:28,734
I think you're somewhat jealous
of whatever goes on in that home

429
00:18:28,800 --> 00:18:31,100
and I think you are angry

430
00:18:31,166 --> 00:18:35,066
at her bringing you to court
and increasing the child support.

431
00:18:35,133 --> 00:18:39,133
So, I think we're gonna have to walk away
from this saying,

432
00:18:39,200 --> 00:18:40,934
"Doing the right thing and being fair

433
00:18:41,000 --> 00:18:43,400
doesn't always comport with what
the law is."

434
00:18:43,467 --> 00:18:46,166
So, I think we're gonna retire
to deliberate at this time.

435
00:18:46,233 --> 00:18:47,600
[Byrd] Court now stands in recess.

436
00:18:47,667 --> 00:18:49,266
This case will be recalled.

437
00:18:49,333 --> 00:18:50,567
Parties are excused.

438
00:18:50,633 --> 00:18:54,600
[dramatic musical sting]

439
00:18:54,667 --> 00:18:56,400
I don't see an agreement here.

440
00:18:56,467 --> 00:19:00,166
I mean, I don't know how many
different ways each of us could've said

441
00:19:00,233 --> 00:19:02,166
there was really no evidence
of an agreement.

442
00:19:02,233 --> 00:19:05,667
I think there was a hope,
perhaps wishing he would kick in.

443
00:19:05,734 --> 00:19:08,667
But I don't see any basis
for holding him liable here.

444
00:19:08,734 --> 00:19:10,333
I don't see the agreement either.

445
00:19:10,400 --> 00:19:13,700
I mean, any time she raised it
in the text messages when she said,

446
00:19:13,767 --> 00:19:16,767
"What about what you said before,
2,000 down and then 200 a month?"

447
00:19:16,834 --> 00:19:18,200
I mean, he said, "No, I can't do it."

448
00:19:18,266 --> 00:19:19,700
- No. No.
- I mean, it was--no.

449
00:19:19,767 --> 00:19:21,367
And the thing--but I'm gonna tell you
what bothers me.

450
00:19:21,433 --> 00:19:24,166
I don't feel that his no
was well-thought-out.

451
00:19:24,233 --> 00:19:27,633
I think it was really a visceral reaction
to her taking him to court

452
00:19:27,700 --> 00:19:30,266
and him thinking,
"You want me to see my kids less,

453
00:19:30,333 --> 00:19:31,433
take more money from me,

454
00:19:31,500 --> 00:19:34,400
and then go out and buy a car
that I didn't wanna do in the first place,

455
00:19:34,467 --> 00:19:36,567
and you don't talk to me about it,
and that's why we're divorced,"

456
00:19:36,633 --> 00:19:37,633
you know, basically.

457
00:19:37,700 --> 00:19:41,367
I didn't really like that the children
ended up being penalized

458
00:19:41,433 --> 00:19:44,367
for that relationship flaw
that they both had.

459
00:19:44,433 --> 00:19:47,433
But I don't see an agreement
that we can enforce.

460
00:19:47,500 --> 00:19:50,667
I was hoping he would say
he wanted to give something over to her.

461
00:19:50,734 --> 00:19:54,166
I just was, because I think
that's the fair thing to do.

462
00:19:54,233 --> 00:19:55,834
It might be the fair thing to do,

463
00:19:55,900 --> 00:19:57,967
but to all of our points, um,

464
00:19:58,033 --> 00:20:00,467
there was no meeting of the minds.

465
00:20:00,533 --> 00:20:02,533
Not to mention the fact
that he was 12 years old

466
00:20:02,600 --> 00:20:03,867
at the time they had this agreement.

467
00:20:03,934 --> 00:20:05,433
- They could not possibly...
- Even if they had one, right?

468
00:20:05,500 --> 00:20:08,834
They could not have possibly
effectuated that contract agreement

469
00:20:08,900 --> 00:20:11,266
until he was 16, four years later.

470
00:20:11,333 --> 00:20:13,567
And so you got
a statute of frauds issue as well.

471
00:20:13,633 --> 00:20:15,967
- Yup.
- And her strongest argument

472
00:20:16,033 --> 00:20:18,633
would be, in my opinion,
promissory estoppel,

473
00:20:18,700 --> 00:20:20,600
that she relied on the representations,

474
00:20:20,667 --> 00:20:22,734
gave her car to the younger,

475
00:20:22,800 --> 00:20:24,934
- and she is somehow out.
- Right.

476
00:20:25,000 --> 00:20:26,767
That's her best argument.

477
00:20:26,834 --> 00:20:28,066
But she doesn't have any proof for that.

478
00:20:28,133 --> 00:20:30,000
But that--but that too fails,

479
00:20:30,066 --> 00:20:32,200
because you have to prove
for promissory estoppel

480
00:20:32,266 --> 00:20:34,166
that he was unjustly enriched,

481
00:20:34,233 --> 00:20:35,834
which he was not.

482
00:20:35,900 --> 00:20:37,800
I just think that she fails,

483
00:20:37,867 --> 00:20:40,900
and I hope that this doesn't affect
his relationship too badly,

484
00:20:40,967 --> 00:20:42,633
but, uh, that--that's for another day.

485
00:20:42,700 --> 00:20:45,900
What was even worse about it was
she really wanted the reimbursement

486
00:20:45,967 --> 00:20:47,700
for what appeared to be
her purchase of her own car.

487
00:20:47,767 --> 00:20:48,767
- It is.
- Yeah.

488
00:20:48,834 --> 00:20:49,834
- It's like it's her...
- So the truth is...

489
00:20:49,900 --> 00:20:50,900
That was the point
right from the beginning.

490
00:20:50,967 --> 00:20:51,967
- ... he couldn't--he couldn't even...
- Yes.

491
00:20:52,033 --> 00:20:53,033
This is like a car she gave...

492
00:20:53,100 --> 00:20:54,266
I mean, you couldn't even--
like, unpalatable for him.

493
00:20:54,333 --> 00:20:55,633
Yeah, the kid has a car.

494
00:20:55,700 --> 00:20:57,500
- She has a new car.
- Let me explain that to his new wife...

495
00:20:57,567 --> 00:20:59,500
- Yeah, exactly.
- ... that I--I'm giving $10,000

496
00:20:59,567 --> 00:21:02,166
- so my ex-wife got herself a new car.
- Right.

497
00:21:02,233 --> 00:21:03,367
I think we're unanimous.

498
00:21:03,433 --> 00:21:05,033
That's what I [indistinct] yeah.

499
00:21:05,100 --> 00:21:07,834
[dramatic musical sting]

500
00:21:07,900 --> 00:21:09,300
[Byrd] Court is back in session.

501
00:21:09,367 --> 00:21:11,233
Parties are reminded
you're still under oath.

502
00:21:11,300 --> 00:21:12,567
Thank you, Byrd.

503
00:21:12,633 --> 00:21:16,300
We have deliberated and we have reached
a unanimous verdict.

504
00:21:16,367 --> 00:21:19,433
Ms. Montez, it probably won't come
as a surprise to you

505
00:21:19,500 --> 00:21:21,600
that we're unanimous
in dismissing your case.

506
00:21:21,667 --> 00:21:23,667
You just didn't have
a meeting of the minds.

507
00:21:23,734 --> 00:21:28,066
Frankly, you came to court
with a very hard set of facts to prove

508
00:21:28,133 --> 00:21:29,700
on the evidence that you had.

509
00:21:29,767 --> 00:21:32,266
We really applaud your decorum

510
00:21:32,333 --> 00:21:35,166
and the way that you presented these facts
because we're tough.

511
00:21:35,233 --> 00:21:38,567
Like, it's not easy to stand up here
in front of three people,

512
00:21:38,633 --> 00:21:40,533
all of whom are pounding at you.

513
00:21:40,600 --> 00:21:42,667
So you did a really nice job
presenting your case.

514
00:21:42,734 --> 00:21:44,000
We do have to dismiss it,

515
00:21:44,066 --> 00:21:47,133
simply because you didn't meet
the legal requirements.

516
00:21:47,200 --> 00:21:48,200
But good luck to you.

517
00:21:48,266 --> 00:21:50,133
Sir, you know what,
your marriage didn't work out,

518
00:21:50,200 --> 00:21:51,800
but you are two very fine people.

519
00:21:51,867 --> 00:21:53,700
So, good luck to you both.

520
00:21:53,767 --> 00:21:55,100
- That's the verdict of the court.
- Thank you.

521
00:21:55,166 --> 00:21:56,200
[gavel bangs]

522
00:21:56,266 --> 00:21:58,233
[Byrd] This case has now concluded.
Parties are excused.

523
00:21:58,300 --> 00:21:59,400
You may step out.

524
00:21:59,467 --> 00:22:02,100
[theme music plays]

525
00:22:02,166 --> 00:22:03,266
He just doesn't follow.

526
00:22:03,333 --> 00:22:05,767
He doesn't--he's not a truth-teller.

527
00:22:05,834 --> 00:22:09,033
She just likes to go back to court
all the time.

528
00:22:09,100 --> 00:22:12,133
I don't think--
I think it's what she just likes to do.

529
00:22:12,200 --> 00:22:17,200
It's sad, but I mean,
I know I did right by my kids.

530
00:22:17,266 --> 00:22:19,734
It wasn't my job
to deprive of them of anything.

531
00:22:19,800 --> 00:22:21,834
I--if we would've come to an agreement,

532
00:22:21,900 --> 00:22:23,533
then sure,
I would've bought them something.

533
00:22:23,600 --> 00:22:26,400
No, that's why--that's why I filed.

534
00:22:26,467 --> 00:22:28,600
She gets a whole lot of money,

535
00:22:28,667 --> 00:22:31,133
and I expect that money
to be used on the kids.

536
00:22:31,200 --> 00:22:32,700
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537
00:22:32,767 --> 00:22:35,900
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538
00:22:35,967 --> 00:22:40,500
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539
00:22:40,567 --> 00:22:43,834
["Ride of the Valkyries" plays]