(Fiction) 'Unconventional Family Planning' Chapter 4: The End?

Chapter 4: The End?

     Brad and Ginny sat across from each other at the conference room table. Each had their respective attorneys in tow. At the head of the table Judge Watson was arbitrating.

     "I've taken a look at the 'pre-nup', and both of your petitions, is there anything to add before I begin?" Judge Watson began.
     "I have documentation for the claims if and or when needed. I reserve my client's right to submit any addendum." Ginny's lawyer, Jennifer Weiss, replied.
     "The same." Brad's lawyer, Tom Nero, added.
     "Then without further ado, I'm opening this binding arbitration. Both parties have agreed to abide by my determination having mutually agreed to my appointment as arbitrator under the terms of the various contracts that are applicable. I remind you that this is not a court of law;  however, the determinations of this hearing are binding, and that sworn testimony is still bound by perjury statute.
     For starters, I've perused the inventory of assets detailed on the prenuptial agreement, and compared that to your petitions. I am moving the house from a personal asset of Mr. Henderson to a marital asset subject to being divided. The house was a wedding gift, and by definition given to both of you, either sell it and split the proceeds or figure the appraised value to one side or the other. With that exception I am granting that the inventory on the prenuptial agreement remains the property of Mr. Henderson. Any objections?"
     "None." Both lawyers responded after a brief look at their respective clients.
     "Very well, the next item. I am inclined to grant Mrs. Henderson's request that Mr. Henderson's earnings, and assets acquired with same, post matrimony, are marital assets and subject to be divided between the parties, not withstanding earned interest or returns on investments made prior to the wedding day of those accounts detailed on the prenuptial agreement."
     "Certainly you will exempt the retirement account from that, it even predates the prenup." Mr. Nero offered an objection."
     "Hold on; since Mr. Henderson did not make any contributions to an IRA for Mrs. Henderson, it seems to imply that the intention was to share the single 401K account." Ms. Weiss interjected.
     "Hmm, at an absolute minimum I'm inclined to grant Mrs. Henderson half of the contributions and accrued interest for the term of the marriage, plus the maximum allowed tax free contributions for an IRA that Mr. Henderson neglected to make for the last five years." Judge Watson responded.
     "I would argue that the entire account should be divided. It wasn't enumerated in the pre-nup and failure to set up a separate account indicates that he intended it for their mutual retirement. He can't change his mind now." Ms. Weiss said.
     "I'm going to table the '401K' question for the moment and render my judgement after some consideration. The next item is child support..."
     "Mr. Henderson is not the biological father, and therefore not responsible for..." Mr. Nero started to interject.
    "Your honor, if I may direct your attention to the contract signed between Mr. and Mrs. Henderson and a Mr. Peterson on the twenty-eighth of February. It is attached as item 'c' on my client's petition."
     "Yes, I recall that. It appears to be properly signed, witnessed, notarized, and executed. Mr. Henderson, you are bound by this agreement to be responsible for the child, you agreed to adopt that child. How can now you claim to..." The Judge replied.
     "I move that you abrogate the contract, two of the parties involved did not act in good faith, they used it as a pretense to have an illicit affair and deceived my client. That is the very grounds we cite in suing for divorce!" Mr. Nero objected passionately.
     "That's a lie!" Ginny couldn't restrain her outburst.
     "Mr. Nero. There is no jury here to be swayed, refrain from showboating. Mrs. Henderson , please try and remain civil. Mr. Nero, what evidence do you have that your client was misled? That this contract was not entered into on good faith? Or that the terms and conditions were not met?"
     "..."
     "Would Mr. Peterson be willing to come for a chat with me?" Judge Watson asked.
     "Mr. Peterson has signed a non-disclosure agreement, he can't..." Mr. Nero started to answer.
     "Your honor Mr. Henderson has asked that a contract be abrogated that Mr. Peterson is a party to, I move that we abrogate the NDA, or leave the contract in place as it applies to child support." Ms. Weiss suggested.
     "I'm inclined to agree. Your client can't have it both ways. Mr. Nero, do we have an interview, or do I rule on what I have in front of me?"
     "I'd like to cross." Mr Nero uttered a clipped reply.
     "I have no objection to cross examination" Ms. Weiss offered.
     "Then we'll recess until tomorrow, assuming that Mr. Peterson agrees to speak with us." Judge Watson adjourned the meeting.

*****

     The next day:

     "Mr. Peterson; first, I'd like to thank you for coming to this meeting. For the sake of expediency, let me bring you up to speed. The NDA is suspended for this arbitration, you can answer any questions. This is not a court of law, but your testimony is sworn, and being untruthful is punishable under perjury statute. Are we on the same page?" Judge Watson asked.
     "No worries, I'm an open book."
     "Okay, I'm going to ask some preliminary questions. How long have you known Mrs. Henderson?"
     "Pretty much all my life, umm, since I was four or five years old."
     "What kind of relationship did you have, prior to say, last year."
     "We grew up together, we used to play as kids, almost every day. She was like my big sister."
     "And when you got older, you two ever date?"
     "No, pretty much as soon as I started liking girls, I started dating Annie."
     "Annie is now your wife, right?"
     "Correct."
     "And now that you're all adults? What's your relationship been."
     "Well if it's not already clear. Annie is Ginny's er... Mrs. Henderson's sister. So she's my sister-in-law, but we've been friends forever. We weren't very close in high school but we've all grown closer since we all got married."
      "Okay, so when she asked you to help her get a baby what was your impression."
     "Actually she didn't initially ask me, Brad did."
     "Mr. Henderson asked you in impregnate his wife?"
     "Initially, he asked me for a favor, and I agreed before knowing what it was. Once they explained and I talked it over with my wife, I agreed."
     "And why the contract?"
     "Brad insisted on paying me, he said he didn't want to owe me anything, My wife and I added the clauses that got some protections against liability for child support and some other things."
     "This arrangement didn't seem odd to you?"
     "Extremely odd, actually. I asked why they just didn't go to a fertility clinic, or a sperm bank."
     "And why did they tell you, that they wanted you to perform this service instead?"
     "That Brad wanted secrecy, that's why the NDA and all that, I suppose."
     "Is that accurate so far Mr. Henderson? You paid Mr. Peterson, to attempt to impregnate your wife, and keep quiet about it?"
     "That much accurate, Your Honor." Mr. Nero answered for his client, who was grinding his teeth, repressing his rage.
      "Do you mind telling me why? Why ask his sister-in-law's husband to impregnate his wife instead of seeking medical intervention?"
     "My client does not want to distract from the argument pertaining to the legitimacy of the contract, But it suffices to say that he has a desire for privacy, and a distrust of medical institutions. "
     "Mr. Nero, you wanted to cross?" 
     "Thank you, Your Honor. Mr. Peterson, were you planning on having an affair before this 'favor' proposition came up? Or did the illicit affair occur over the course of your 'activities'?"
      "Do you still beat your wife? Ask me a question I can answer."
      "Did you talk to Mrs. Henderson about having sex with her prior to being asked to impregnate her?"
      "Never, of course not."
      "Did you ever kiss her? Were you ever intimate?"
      "Prior to the contract, never intimate. We kissed when we were kids, playing games like 'Spin the Bottle', or when we were adults the way that family members would."
      "On the lips?"
      "Sure, often when I'd greet Ginny and Brad at my front door."
      "That's not what I'm asking."
      "Then ask what you are asking."
      "Isn't it true that you've been sleeping with her, regularly, for months? How can that be anything but an affair? How can you consider it anything but an affair?"
      "It wasn't.. I don't consider it an affair..I don't... My wife was aware of our activities, Brad was aware. There was nothing illicit, every encounter was documented and reported."
      "Did you merely have sex with her or did you make love to her?"
      "Both. We were making a baby. The emotional state of the intended mother has effects on hormone levels and her likelihood to conceive. Plus, I found it difficult to be emotionally detached and still be able to...um...perform."
     "If you were just acting as a surrogate, shouldn't you have avoided an emotional connection?"
     "I'm not a professional, I was doing a favor for my friend, I did my best in an unusual situation."
     "Does you wife know? That you made love to her sister, repeatedly? That you have this emotional connection you speak of?"
     "Yes, I told her, and we discussed my feelings, and hers."
     "Do you love Mrs. Henderson?"
      "I do."
      "Like a sister, or as a lover would? "
     "Both"
     "Did Mrs. Henderson tell Mr. Henderson this?"
     "Tell him what?"
     "That your 'sessions' weren't merely...That she was in love with you?"
     Jennifer Weiss interrupted, "Objection! Gerry, don't answer that. Mr. Nero, you're asking Mr. Peterson to speculate."
     "She's right Mr. Nero, you will refrain from asking the witness to guess the details of conversations he wasn't a party to." Judge Watson said.
     "Fine, Mr. Peterson did Mrs. Henderson ever tell you that she informed her husband about the details of your 'sessions'? That she formed this emotional connection with you?"
     "She never told me what she told Brad, so I don't know what was said."
     "Do you believe that Mrs. Henderson loves you?"
     "I know she does."
     "Did she discuss leaving her husband for you?"
      Gerry couldn't hide his shocked expression. "You're mistaken, Mr. Nero, The last time Ginny and I made love, we discussed how that it would be the last time. That after that day she'd be with her husband and we'd go back to being in-laws and not lovers. She and I never discussed her marriage ending. From what I can tell she loved Brad and intended to raise that child with him and be faithful to him."
     "Do you believe that was Mr. Henderson's intention also?"
     "I don't know. In retrospect; I suspect not, considering how he blew up when he found out she was pregnant."
     "Do you have what you need Mr. Nero?" the Judge asked.
     "I suppose so."
      "Ms. Weiss?"
     "Thank you Your Honor. Mr Peterson, why did you have the contract altered to ensure that Mr. Henderson adopted the child, or would agree to pay child support?"
     "Before I began trying to get Ginny pregnant, I wanted my conscience clear, that everyone was taking this seriously enough. And that Brad was assured that this would be his baby, that he would be the father. That point nagged at me until we got the wording changed."
     "Why did it 'nag' at you?"
     "I didn't think that it was real to him, what Ginny and I would be doing, seeing it in writing would literally spell it out. That we'd be having sex and that he'd be responsible for the person that resulted from it. Maybe they'd call the whole thing off if once they saw it in hard copy...Plus I felt guilty that I was potentially bringing a life into this world and not taking responsibility for it myself. I wanted to be sure someone was."
     "I have nothing further."
     "Mr. Peterson, do you consider yourself the father of that child?" Judge Watson asked.
     "I do now. Brad wanted Ginny to abort the baby, and now is trying to weasel out of support. None of that is that child's fault. Everyone deserves a father, I'll step up."
     "What are your thoughts on cancelling the contract then, If you'll be the child's father?"
     "That's apples and oranges. I feel that the contract should be enforced. Regardless of the fact that Brad knew exactly what he was going to be on the hook for, I mean I made sure it was all spelled out and he signed... Regardless of all that, Ginny doesn't have the resources to raise that child, and I am not a wealthy man. I am willing to help, but there is only so much I can do."
     "Very well. Mr. Peterson you are excused."
     Gerry left the room. Brad was grim faced, obviously angry.
     "I didn't hear anything that would persuade me to abrogate the contract. All three parties went into the agreement with the understanding of who would be doing what with whom. I've heard no evidence that anyone conspired to use the agreement for anything other than what what was enumerated. It isn't relevant to the legitimacy of the contract that the potential strain on your marriage should've been obvious, and that it was probably foolish to believe that the actions undertaken wouldn't have profound consequences. That being said, I'll offer you an 'out', Mr. Henderson. Typically child support is either a fixed monthly amount, adjusted for inflation, or a percentage of your monthly income. I'll let you 'walk away' if you transfer sufficient funds to a trust in the child's name. I'll order the records sealed and not abrogate the NDA. You can keep your precious privacy and just walk away. Therefore you have three options. Pay child support, set up the trust, or I abrogate the pre-nup and the NDA and you can bring this to family court."
      "How much? How much is this proposed settlement, for the trust fund?" Mr. Nero asked.
      "I'll appoint an accountant to take a look at the books. I think an equivalent of one half of Mr Henderson's pre-marital assets would need to be transferred. And the division of martial assets is separate."
      "Your honor, that's...that's an unreasonable burden on my client."
      "On the contrary, I'm proposing that he get off cheaply.  Do the math, child support is typically twenty-five or thirty percent of pre-tax income, plus or minus, often for twenty years or more. I believe your client would be well served to settle. Regardless, you can give me an answer tomorrow, we're in recess until then."

*****

     Several weeks later, Jennifer Weiss visited Ginny, she carried a stack of papers.
     "So, that went better than I expected. I thought your now 'ex' would lose his shit when the forensic accountant appointed by Judge Watson found the offshore accounts. I'm guessing they weren't all found, but, anyway, the trust fund is fat and happy."  The lawyer declared.
      "Yea, the baby will be a millionaire as soon as they're born." Ginny replied with a smile while caressing her distended abdomen.
     "Here are the final papers, Miss. Paxton, you are free woman."
     "Thanks, Jennifer. I didn't think that I'd be so happy about this, but I really am."
     "Have you decided to sell the house?"
     "Yes, too many ties to Brad and his folks for me to want to raise a family there. For the time being I'll be staying here, with my sister."
     "Okay, Give me a call when it goes on the market, someone from the office can help with the closing, or Annie can. In the meantime everything should be in order."
      Ginny walked her to the door. "Thanks again for everything." She said as she parted.

      "I don't know if congratulations are in order, but...congratulations?" Annie offered, once the door was closed.
     "Yea, I guess. I'm happy and sad both at the same time. You know, once upon a time, I did love him. I thought he was so dashing, so handsome, and for someone so popular in school to want me...I overlooked his shortcomings, and went along for the ride. How could I have thought that that he'd ever change?"
     "Love is blind, sometimes."
     "Did you know that the first time I dated him was to make you jealous?"
     "Really? I thought you were trying to make Gerry jealous."
     "No, I did want Gerry to notice me. To look at me the way he looked at you. but those are two different things."
     "Well, he looks at both of us now. Although recently I think that most of his attention is directed towards the baby in your belly. I'm going to have to get him to knock me up soon too. I can't let you get ahead of me."
     "Ahead of you?! He married you. I'm just a freeloader, a wayward woman in trouble that he's taken in because my useless husband ran off with his secretary..."
    "A rich freeloader!  And his mistress. You're lucky that I let him have a sugar-mama!" Annie interrupted. They both giggled.
    "I'm unquestionably a 'Mama', but that's the first time I've been called a sugar-mama."
    "Speaking of which, have you decided on names yet?"
    "If the baby's a boy, I was thinking Galahad, a noble's knight's name, and the illegitimate son of Lancelot in the legend. But, that might be burdensome on him growing up, so maybe Gavin or Garret. If the baby's a girl Elaine or Helen."
     "All of those sound lovely. You know that you are going to have to work hard to ensure that kid isn't spoiled rotten, with doting parents and an auntie around, right?"
     "Yea, I know. You'll help, right?"
     "As long as you help with mine. It's turning out to be just like when we played 'house' when we were kids. Living together, raising kids together."
     "Not exactly, I never thought I'd have to keep both of the Paxton sisters happy, or that I'd feel so lucky and delighted to do so. Yes, we get our happily ever after." Gerry piped in, from where he was looking on in the adjacent room.

*****

Afterward

    The birth announcements that were mailed had a photo of baby Helen Paxton and her mother.  Both were smiling, and looking healthy. Helen had a little bow in her hair, which was the same shade of red as her mother's. The birth announcement listed her birthday, weight, length, and some other statistics, but didn't indicate who the father was. Gerry's reputation around town got a boost as most folks thought that he was very kind to take in his sister-in-law and her newborn, after her good-for-nothing husband skipped town. Around the same time that Helen was finally sleeping through the night, Annie let Gerry know that she was expecting. Helen wouldn't grow up alone. She'd have at least one 'cousin' around in the household.

     Previously, FBI agents stopped Brad at the airport in Miami (on his way to the Cayman Islands). Apparently the IRS didn't take kindly to him not paying taxes on the gains from the offshore accounts, and the SEC and financial industry regulators didn't like a funds manager playing fast and loose with the shadow companies he set up to hide the transactions. The State department had scrutinized him too, as some of that money funneled through his accounts seems to have been Iranian oil revenue (subject to embargo). In any case, his assets were seized and, with good behavior, he'll only be spending the next ten years at 'Club Fed', the federal penitentiary in Anderson, West Virginia (where Martha Stuart, spent some time). Judge Watson was able to convince the federal officials to leave the trust fund money alone.

*****

< Some years later>

      Helen and her 'cousins' Abby and Gideon were playing a game of their own invention: 'Space Pirates'.
      "Battle stations!, Man the guns, batten down the hatches! Before this wicked monster eats the ship! Yaar!" The girl with the red hair ordered dramatically.

     "Don't be afraid, Captain! I, Space Pirate Jones, will kill the Space Kraken before it has a chance to damage our ship!" The boy declared in his best 'heroic' voice, he then turned to the youngest of the three and said, "First Mate, prepare the ultra cannon!"

     "Mr. Jones, the cannon is ready!." The younger girl stated while she pantomimed positioning  a heavy object. She then jumped to the right and raised her arms, her hands spread like tentacles, "ROOOARR! You will never defeat me! I'll make snacks of  your entire crew before I have the ship itself for dinner!" The youngest 'cousin' was playing the role of the monster as well as the first mate.

     The 'pirate' and the 'monster' fought. He would shoot his imaginary ray-gun, she would swipe at him with her imaginary tentacles, while the 'Captain', jumped around  the tree fort, manipulating invisible controls and issuing orders.
     "You will never beat me! I'll splash you with my space squid ink breath! ROOOARR!"
     "Your ink-cloud cannot penetrate the impenetrable force field! I'll easily block your attack! Now take this, you foul-smelling beast!" He declared valiantly as he 'stabbed' the kraken through the heart, with his laser-cutlass.
     "Aaarg! you got me!" The 'monster' said as she fell to to ground and pretended to convulse with her death throes. The drama was ruined by her starting to giggle.

     "That was fun! let's go see if Auntie Ginny has some snacks. Last one there is a rotten egg!" Gideon declared as he descended from the tree fort. All three ran to the house.