Chapter 3
As we walked into the JAG office I said "Hello again Sgt. Rester, we have a 0030 hrs appointment with Colonel Lane."
"I believe he is expecting you, I'll let him know you're here. Just a moment please."
Sgt. Rester went in the door and came back five minutes later saying, "Follow me please, the Colonel is ready for you now."
Tony and I went into his office and sat at the two chairs in front of his desk. He was on the phone, but about to hang up. We kept quiet and waited our turn for his attention. He soon hung up and turned to us. He had at first acknowledged us and then turned away to complete his call.
"Sgts Cummings and Mancini. So good to see you again. Boys, I have some good news and some even better news for you. Then I have some great news for the both of you."
"Let me start with the good news. Your lawyer in Florida will take your case for the divorce pro bono. His name is Walter Groenblat, he does the civil work, and Ernest Stein does the criminal cases. So no worries there. Also from the information that Mr. Sterling has obtained there will be no question of infidelity and adultery. With the evidence so far there should be no contest, especially since you are a military man on assignment overseas. Now for the even better news, your company is not going to be a part of the divorce, except she will have a claim to a part of the company. However that doesn't sound as bad as it sounds. Because her actions are the reason for the divorce, that will be considered by the judge. Now since her name is not on the company as an officer, her claim is fragile. Florida is not a community property state, but it does have a marital and non-marital property clause. Because you started the company while you were married, she is entitled to some compensation, depending upon the ruling by the judge. Mr. Groenblat is pretty sure that the judge will award her some monetary value of her work as an employee of the company. Is your wife paid by the company or do you both share the profits?"
"Colonel Lane, we both get a salary from the company, all profits go into a trust fund for our son's college. We keep a certain amount out for maintenance and supplies, but the rest goes into the trust. Why?"
"Son, you have to be the smartest husband I know or have a great advisor. With the company set up like that she can't touch a bit of the assets, they all belong to your son and the executer of the trust. Who is that, you or your wife? Please tell me it is someone else."
"Actually it is his Godfather Don Sterling. It's in our wills that if anything were to happen to us, he would take over the company, the custody of Sean and be executer of our estate as well as the trust. You know I'm not even sure Vickie remembers that we set up the trust. We can put money into it, but we can't withdraw any until Sean is eighteen."
"My God Boyd, who had you set this up this way?"
"My Dad did. He told me that that would be the best way for Sean to have the money when he needed it for college."
"What a stroke of genius. Your dad was right this trust is foolproof and only the executer or the parent can get the money for college for your son."
"Well actually it is for any and all of our children. I seem to remember that Dad had it written so that it would apply to all children, born of the union of Boyd and Victoria Cummings."
"Oh wow, that means that even if Vickie had another child by someone else, they wouldn't be covered by that part," said Tony.
"So long as we could prove that the child was not yours by a DNA and blood test."
"Oh my god, I just had a thought, what if Sean is not mine? Oh God, I don't want to even think about that." I broke down then.
The Colonel was on the phone in a moment, as soon as he found the phone number he was looking for. "Walter, this is Charles Lane again. Is there any chance we can get a DNA test run on the son, Sean Michael? - Yeah, saliva would be good. β check with the birth hospital, see if they did a work-up on him when he was born. A lot of hospitals do that now. - Yeah... do you have a copy of the trust fund set up for the boy's college? - Good, read it through very carefully. I think we got an iron clad document for that and Boyd tells me they both get paid a salary from his cleaning company and all profits go to the trust. β Yeah very smart move. β Uh huh - Yes - No - Alright, you get back to me as soon as you can. - Thanks... you too. Bye."
"Boyd, I'm more surprised by you and this case the more I find out. Now the great news. You two leave on a mission tomorrow night and you should only be gone about three or four days. You will get to calm way down before you're done with this and then maybe a day here and then you are homeward bound for fifteen days leave. Now I can swing Tony too if you think you will need him home with you. I can tell that you two have bonded into a partnership that is going to be a little hard to break up after this is all over."
"Colonel, as much as I would like Tony to come too, I don't think that is fair to him and besides Don will be there for me. Don and I met in basic training and we've been together since. He's kind of like my brother or maybe twin. But not like Tony and I, we're like twins for sure."
"I think anyone can see that is true. So what is the verdict, is Tony going or staying?"