Chapter 18 - The ninety thousand dollars
Dana Whitford testified.
The remaining HEG note:
$90,000 principal.
Could HEG eventually repay?
Likely.
Bank extension allowed repayment only after quarterly covenant tests.
Projected:
Perhaps within nine to fifteen months.
No guarantee.
Could the divorce leave both of us waiting?
Yes.
Alternative:
Assign note to Noah and offset marital distribution now based on discounted value.
Valuation expert estimated note fair value:
$72,000–$80,000 due repayment risk and subordination.
My position:
Assign to Noah at $90,000 and give me $130,000 of the already-repaid $170,000 because he acted unilaterally.
His:
Split $170,000 equally and assign him remaining note at discounted $76,000, with a marital equalization adjustment for half.
Judge asked:
“Why should Alyssa share the risk of the unpaid note?”
Noah’s expert:
Because HEG supported marital household through Noah’s salary and the bridge preserved that income.
Rebecca:
“Noah was already planning divorce and converted joint money into a receivable titled only to himself.”
Both.
Then Noah testified.
“Why title the note to yourself?”
“I thought if the company converted it, I would receive additional equity.”
“Did Alyssa know?”
“No.”
“Would you have shared that additional equity?”
He hesitated.
“I don’t know.”
There.
That hurt.
Then settlement pressure.
Judge suggested a break.
No order yet.
We negotiated.
Final financial treatment proposed:
$170,000 escrow:
$105,000 to me.
$65,000 to Noah.
Remaining $90,000 HEG note assigned solely to Noah.
No further claim by me to repayment.
Why not $130k?
Because some funds supported marital income and because litigation risk.
Why would Noah accept?
He got entire note upside.
If HEG repaid full with interest, he could recover more.
If not, his loss.
That aligned risk with his separate company.
Then house.
Based on negotiated contribution credits and equalization, Noah’s buyout from house:
$203,000.
I would refinance and pay within five months.
If refinance failed:
House listed.
No indefinite limbo.
That was workable.
Then retirement.
Split marital portions normally.
No spousal support long term given comparable earnings.
Child support recalculated based on final parenting schedule.
Still pending.
We had almost settled finances.
Then Judith’s $100,000 “house loan.”
Noah wanted it deducted from his own share if he ultimately owed.
Good.
I would not assume.
His civil dispute with Judith separate.
Then another document appeared on the last day.
A draft from Victor Sloane dated after the birthday.
Judith had asked him:
Can we still use Alyssa’s violence if I hit the child first?
Sloane replied:
Do not contact me further about litigation strategy. I am not an attorney. Preserve all records.
That question showed Judith was still thinking leverage immediately afterward.
Noah had not sent it.
But he had received a copy.
His response to Judith:
May you like
Stop. You hit Sadie. This is over.
That mattered too.
