It’s no surprise that divorce can leave people bitter and angry. And when one person has to give the other person money, for either child support or alimony, it can make that bitterness and rage grow even more. Still, it’s best for people to remain civil — taking cheap shots can end with a lawsuit, as this ex-wife learned the hard way.
Francis J. Wagner, Jr. filed a lawsuit against his ex-wife after she wrote “bum” and “loser” on the alimony checks she gave to him. He claims it exacerbated his “emotional and physical health” to see the notes written on the $186 weekly checks. But his ex-wife is unrepentant.
“As far as I’m concerned I can write anything I want on the memo line because it’s a note to myself,” Diane Wagner said. “I was the victim in that marriage. What more blood does he want from me? I pay him religiously.” She is also currently terminally ill with cancer.
According to Diane, she suffered “drunken bouts” from her husband throughout the entirety of their marriage. When she claimed that she couldn’t afford a divorce, she agreed to pay her husband $744 each month for six years to end the marriage. Francis does not work and collects Social Security and disability.
The lawsuit was filed by Greg D. Trautmann, of Trautmann & Trautmann Law Firm. And in addition to filing the lawsuit, the law firm posted about the checks on social media. “Alimony for the man!” the post read. “What’s funny is that the now ex-wife so hated paying our client — the husband — $800 per month for the next six years as alimony and she had written Alimony/Adult Child Support in the memo of the weekly checks — until we put a stop to that harassment.” The post got 36 likes, and a comment stating, “Hilarious!”
It also displayed the checks she wrote, with her last name and address blacked out, but her first name and city visible. Diane said she was humiliated by the post, after a friend tipped her off about them. And she said she wasn’t given a letter asking her to stop writing the notes until four months after the Facebook post. “”Please be advised that your writings are causing my client severe emotional distress and have led to him having sustained heart attacks in recent weeks,” the letter read. “If you send a single check in the future with any writing upon it other than what is required to process the alimony payment a complaint will be filed against you for intentionally inflicting emotional distress upon my client.”
“When I found out my personal business was on the Facebook page, that caused me distress,” Diane retorted. “A reasonable person under similar circumstances could not be expected to endure such harsh and extreme abuse that is being applied by the defendant in her compounding intentional acts designed to hurt the plaintiff,” the lawsuit read.
Do you think the lawsuit is warranted?
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