03x42 - Toddler, Tax, and Truck Trouble

[bunniefuu]

Now, she took the truck
with her when she left.

Yes, ma'am.

I brought it back the next night.

Two or three weeks later,
but she burned out the motor.

The next day. I have a witness.

Who's this? The boyfriend?

I don't care what he says.

[narrator]
This is Judy Justice.

[theme music playing]

[narrator] Bailiff Cassandra Britt
is standing in for bailiff Kevin Rosco,

and law clerk Alexei Mentzer
is sitting in for law clerk Sarah Rose.

Brandance Briere is suing
her ex-boyfriend, Kristopher Kinard,

for a truck title, tickets,
and emotional distress.

[Cassandra]
Court, come to order. All rise.

[Judy]
Have a seat, please.

Case number 3071,
Briere vs. Kinard.

Thank you. Briere?

Yes.

You and the defendant had a relationship
on and off for about ten years.

You have one child together.

We knew each other for ten years.
We were only together for two years.

But yes, we have a child.

-[Judy] A little girl.
-[Brandance] Yes, ma'am.

-[Judy] How old is she?
-Three.

And is there an adjudicated custody order
with regard to this child?

You are no longer together.

Right. It's in the process.

[Judy] Right now, the defendant
has physical custody of the child.

-The defendant has physical custody.
-Yes. Yes, yes.

[Judy] And he's had physical custody
of the child since when?

What month and year?

[Brandance]
It's still... The judge hasn't signed...

[Judy]
No. He's had physical custody.

-You left the house.
-[Brandance] Yeah.

[Judy]
Month and year.

I left in June of 2021.

That fell off. June 2021?

Yes, ma'am.

And when you left, did your daughter
stay with the defendant?

-That's either a yes or a no.
-Yes.

Yes, Your Honor.

[Judy] And she has been
with the defendant ever since.

[Brandance] Yes.

[Judy]
Do you have visitation with her?

-Yes.
-[Judy] When?

And under what circumstances?

[Brandance]
When I see my stepmom and father.

They'll pick her up from him
and then I go over to their house.

-[Judy] You have supervised visitation?
-Correct.

[Judy]
And it's supervised by relatives.

[Brandance] Yes.

[Judy] Who made
that order of supervised visitation?

CPS did.

-[Judy] Child Protective Services.
-Yes.

[Judy] And when did they make that order?
What year?

-[Brandance] This year, 2023.
-[Judy] 2023.

Prior to Child Protective Services
making the order,

between June 2021 and 2023,

did you have any visitation
with your daughter?

-Yes.
-[Judy] When?

Regular?

Yes, regular.

[Judy]
And who set that order?

We agreed to it.

-[Judy] The two of you.
-[Brandance] Yes.

[Judy]
What was that agreement?

In the... After I left,
about six months later,

he would allow me to come on Mondays
and pick her up.

And then if I wanted her for, like,
a weekend trip to go see my sister,

he would allow her to do that with me too.

Okay. Was there a trial
on the issue of custody?

Yes.

-[Judy] Did you testify?
-Yes.

[Judy]
Did the defendant testify?

[Brandance] Yes.

[Judy]
Did Child Protective Services testify?

No.

[Judy]
Did the child have an attorney?

-A law guardian at the trial?
-No.

-Did you have a lawyer?
-Yes.

-[Judy] Did you have a lawyer?
-No, ma'am.

[Judy]
That trial took place in what month?

There was no trial, Your Honor.
We got mediation.

Ended up doing mediation.

[Judy]
May I see it, please?

[Judy] Okay. So, you have
physical custody of the child

and exclusive right
to do most everything...

-Yes, Your Honor.
-[Judy] ...with regard to the child.

The plaintiff has the right to consent
to a marriage for her.

Well, she's only three.
And there's supervised visits.

Supervised day visits
for the plaintiff only.

And we're gonna get to the case
in a minute.

I'm just trying to figure this out

for the purposes of the counterclaim
that I have, his counterclaim that I have.

One of the grounds for that counterclaim
is that you claimed the child

as a deduction on your tax returns
for the year 2022

and therefore, he lost out
on a certain amount of money.

Alexei's gonna tell me what that was.
Do you work?

Yes, Your Honor.

[Judy]
Who do you work for?

I work for three g*n ranges
as a referee.

And I also bartend
at a bar in Houston.

-You pay child support?
-[Brandance] Yes, Your Honor.

-How much?
-I have two other children, so...

I didn't ask you
about your two other children.

I asked you how much you pay
for this child in child support.

In November, I start paying $100 a month.

-[Judy] So, you paid zero.
-Yes. Up till...

[Judy] Just a second.
Up until now, you've paid zero.

-Correct.
-That's from 2021, when you left,

June of 2021 until now,
you've paid zero.

Yes, Your Honor.

[Judy] And from the time,
from June 2021 until now,

the child's primary physical custody
has rested with her father.

Yes, 'cause he was not allowing me
to see her.

[Judy] I don't care
whether he was allowing you or not.

You go to court if you're allowing...
Who's this? The boyfriend?

-[Brandance] My fiancé.
-Hi, and I'm also a witness.

[Judy]
Fiancé, boyfriend.

Well, you've gotta be more interested
in seeing your child for six months.

Then nobody can withhold...
Don't move.

So, let's get rid
of the counterclaim first.

You claimed the child as a deduction
on your tax returns?

Yes, Your Honor, 'cause...

[Judy] You had no right to do that,
I don't think.

Alexei, tell me what the IRS says
about claiming a child as a dependent.

When you claimed her as a deduction
on your tax returns,

that was the wrong thing to do.

You were not supporting her
and she was not in your custody.

We would flip-flop each year. So...

Who said flip-flop?
Why would you flip-flop?

You're either supporting her
or does she live with you?

Why in the world would you
think that you were entitled

to claim her on your tax returns?

-You're right, Your Honor.
-Of course, I'm right.

Hustler.

[theme music playing]

[narrator] Brandance Briere
claims her ex-boyfriend,

Kristopher Kinard,
refuses to give her title to her truck.

Kristopher is countersuing Brandance

for wrongfully claiming their daughter
on her taxes.

You claimed the child as a deduction
on your tax returns?

Yes, Your Honor, 'cause...

[Judy] You had no right to do that,
I don't think.

Alexei, tell me what the IRS says
about claiming a child as a dependent.

It's the custodial parent, which is
the one that the child has lived with

the greater number of nights
during the year.

[Judy] So, so far,
he's the custodial parent. Do you work?

Uh, right now, I'm disabled.

[Judy]
So, you get disability. How much?

No, ma'am, I'm still waiting on that.

[Judy]
Who do you live with?

[Kristopher]
Right now, I live with my uncle.

-And your daughter lives with you?
-[Kristopher] Yes, ma'am.

So, who's supporting you?

Right now, I'm running out of funds,
but I've been supporting us both,

-me and my daughter.
-[Judy] Okay.

Alexei, does it say
how much the deduction is?

Not on this site, it doesn't,
but I can check.

[Judy] Yeah. I think it's 2,500,
but I'm not sure.

While he's looking that up,
Ms. Briere, what made you think

that you could claim this child
as a deduction on your tax returns?

There was not a custody agreement
at the time,

and I was trying to get her full time.

I would be trying to fix a lot of things,

including the fact that I'm short

and my roots grow out much sooner
than I would like them to grow out.

But that doesn't mean that it happens.

-Do you understand?
-Yes, Your Honor.

I'm trying... I want... I was thinking...

So, you understood when you claimed her
as a deduction on your tax returns

that it was the wrong thing to do.

You were not supporting her
and she was not in your custody.

I did look, do some research on it,

and so, since there wasn't
a custody agreement,

we would flip-flop each year. So...

Who said flip-flop?
Why would you flip-flop?

You're either supporting her
or does she live with you?

Why in the world would you think
that you were entitled

to claim her on your tax returns?

You're right, Your Honor.

Of course, I'm right.

Hustler.

Alexei, you're gonna give me
a figure in a second.

I'm gonna move on.

Okay? So, that's an easy for you, sir.
You're gonna get that money back.

Thank you.

[Judy] Your claim is that you had a truck
that you took.

It wasn't your truck. It was a truck
that was either in both your names

or in just his name, that you took
when you left in 2021.

-You want the title to it.
-Yes.

Okay. So, in whose name is this truck?

The title doesn't have a name.

The title always has to have a name.
Do you have the title to the truck?

No, ma'am, it's in the broker's name
still 'cause $300 is still owed on it,

-which I didn't pay, so that when...
-[Judy] Well, that's a lien.

That's usually a lien.
Do you have a number?

It's $2,000 per qualifying dependent.

Okay, great. Now,
when was the truck purchased?

Purchased it in 2000... 2021.

It was 2020, Your Honor.



Now, she took the truck
with her when she left. Is that...

[Kristopher]
No, ma'am.

When did she take the truck?

She left in my Toyota 4Runner.
Was gone for two weeks.

-Never called about our child...
-[Judy] That was in 2020.

-Mm-hmm. Yes, ma'am. When she left.
-[Judy] Or 2021.

-[Judy] That was in 2021.
-Yes, ma'am.

-[Judy] Okay. So, she took the 4Runner.
-Yes, ma'am.

So, you had two cars.
You had this truck and a 4Runner.

[Kristopher]
Yes, ma'am.

When you left in 2021, did you,
yes or no,

did you take the 4Runner?

Yes.

[Judy]
What happened to the 4Runner?

I brought it back the next night,
in the middle of the night,

and I left the keys in the cup holder,
'cause he had to be at work.

-Even though I left...
-[Judy] Just a second. So...

Sorry. [laughs]

[Judy]
So, you took the 4Runner when you left.

And according to you,
you brought it back.

-And then you took the truck.
-[Brandance] Yes.

[Judy] What did you take the 4Runner for
to begin with?

Because I had gone to a meeting
that night for AA,

and I went to a meeting
and they gave me support to leave him.

Because he was very emotionally...

Would you please tell me
what you took the 4Runner...

Because I went to the meeting
in the 4Runner.

That's an answer. And you left.

[Brandance] Yes.

You didn't go back,
you just left in the 4Runner.

[Brandance]
Correct.

[Judy]
On what date?

June 27th, 2021.

Now, you want to tell me
what happened to the 4Runner?

Be very careful.

Real careful.
What happened to the 4Runner?

-Yes, Your Honor.
-[Judy] Be very careful.

-[laughs] Yes.
-[Judy] Really careful.

[laughs] Okay.
I returned it the next night,

in the middle of the night, and I...

In the same condition
as when you took...

[Brandance] Yes.

[Judy]
In the same condition

-as when you took it.
-As it was. Yes, Your Honor.

-[Judy] You returned the 4Runner.
-[Brandance] Correct.

-[Judy] And you took the truck.
-Yes, Your Honor.

[Judy] Why?

Because I already had suitcases
in the truck packed.

Why didn't you just take the suitcases
out of the truck

and put them in the 4Runner?

Uh, because I drove the truck
every day to work.

He would drive the 4Runner,
I would drive the truck.

So, that's why they were in there.

But I took his car to the meeting.

-[Judy] So, you were planning...
-[tapping]

-[Brandance] Yes.
-Yeah.

So, you were planning on leaving
before you went to the meeting.

If you packed your suitcases
and left them in the truck

and then went to your AA meeting
and didn't return home,

then you were planning on leaving him
before you went to the meeting.

Correct. I had them in there
for about a month.

Well, who was using the truck?
Just you?

Yes.

[Judy]
Well, if just you were using the truck,

I still am not understanding
why you took the 4Runner.

I'm not recalling that day either.
I just went to my meeting.

-And then...
-You're not recalling that.

Right. I just remember...

[Judy]
When she left, did she take the 4Runner?

Yes, ma'am. And the truck had
absolutely no suitcases or anything in it.

'Cause I had just taken it to a mechanic
several days before

to have the engine block looked at.
No, the radiator, excuse me.

They were gonna have to replace it.

What happened to the 4Runner?

[Kristopher] She left in the 4Runner,
and two or three weeks later,

-not days...
-Liar.

[Kristopher] ...she brought it back
at 3:00 or 4:00 in the morning.

The valves were shot. She might've been
running it hard all night.

Betcha she drove it for...
two days a week,

I can't remember the amount of time,
but she burned out the motor.

She didn't put any oil in it or anything.

Where is that car now?

I ended up selling it for $500
'cause I couldn't really afford to fix it.

[Judy] 4Runner. Okay.
And she took the truck.

Yes, ma'am.

Okay. And you want the title to the truck.

Yes, ma'am.

-[Judy] You have the truck.
-Yes.

Who bought the truck?

We did. We bought two cars in 2020
with our stimulus checks.

We bought a Toy... I'm sorry, an F150,
the truck that I currently drive,

and a Ford Escape
that he wrecked during the freeze.

And then he sold the Escape,
bought the 4Runner,

but he drove the 4Runner to work
because his job was further than mine.

So, gas mileage,
that's why I drove the truck.

When you returned the 4Runner,
was it the next day or was it weeks later?

The next day. I have a witness.

[Judy]
The fiancé?

[Brandance]
Yes, he was witness to all of it.

I don't care what he has to say.
I don't care what he says.

[Brandance]
Okay.

If the plaintiff pays off the broker,

-which is what, $300 left?
-Yes, ma'am.

Are you prepared
to sign the title over to her?

It's not her vehicle, so why would I
want to sign my title over to her?

I have text messages telling...

The only reason
she has the title, period,

is I needed
my daughter's birth certificate,

which she refused my daughter to have.

[theme music playing]

[narrator] Brandance Briere
has accused her ex-boyfriend,

Kristopher Kinard, of wrongfully keeping
the title to her truck.

Kristopher says Brandance falsely claimed
their daughter on her taxes.

Okay. When you returned the 4Runner,
was it the next day or was it weeks later?

The next day. I have a witness.

[Judy]
The fiancé?

[Brandance]
Yes, he was witness to all of it.

I don't care what he has to say.
I don't care what he says.

[Brandance]
Okay.

How much is the F150 worth?

Is it a F150 regular cab?

[Kristopher]
Crew cab.

-[Alexei] Crew cab.
-Four-wheel drive.

I have the bill of sale right here,
if you want to see it.

And the mileage?

I have no clue. It's been a year
she's been driving it, so...

Let's put 250,000 miles on it.
Twenty-two year old car, is that right?

Yes, ma'am.

Is it a King Ranch short bed, short bed,
or Harley Davidson?

Short bed.
Actually, it's got a long bed, I'm sorry.

[Judy]
And put it in poor condition.

Poor condition.

It actually does have
a brand-new transmission.

I was rebuilding it.

-[Judy] As of 2021.
-Yes, ma'am.

For a private party, it would be
between 2,400 and 5,100.





[Judy] Okay.
Do you have the title to the car?

No, ma'am. The actual person
I bought it from still has the title.

It's gonna be a salvage title.
And they have to pay $300.

I did not do that
because of this going on.

Perfect. Perfect.
How much was the total cost of the car?

I think I paid 3,500 for it originally.

-3,900.
-39.

[Judy]
I'd like to see it, please.

[Judy]
Well, he's the purchaser of the car.

-Yes, Your Honor.
-[Judy] Mm-hmm.

So, when I had the money
to go to get the title,

and I talked to the broker,
the broker said

I could get the title
as long as Kristopher comes with me

and brings his I.D.
and we can write the title in my name,

which he did agree upon.

Then, all of a sudden,
the taxes things came up

and so he said
he wasn't going to help me.

[Judy] Okay. Mr. Kinard,
if the plaintiff pays off the broker,

-which is what, $300 left?
-Yes, ma'am.

Are you prepared
to sign the title over to her?

It's not her vehicle, so why would
I want to sign my title over to her?

I have text messages telling...

[Kristopher] The only reason
she has the title, period,

-is she blackmailed me...
-[Judy] No, no.

What I'm asking you is...

We're talking about a truck

that's been in her possession now
for two years.

-Right?
-Yes, ma'am.

And we're here now,
and I have to make a decision.

-Mm-hmm.
-[Judy] Right?

-So far, are we correct?
-Yes, ma'am. Yes, ma'am.

[Judy] And it would seem to me smart
for you to take everything

that has to do with this truck
out of your name.

-[Kristopher] Yes, ma'am. Absolutely.
-Totally.

So, my question to you is,
once I resolve the issue of the child

and the deduction for a dependent

that she took erroneously in 2022,

which I'm going to do,
if she pays off the truck,

will you consent to the title
being put in her name?

-Yes, ma'am.
-[Judy] That's a very smart thing.

So, it makes my life very easy here.

On the counterclaim,

I'm awarding the defendant $2,000
on your counterclaim.

And that is for her
erroneously taking the child

as a deduction in 2022.

Your request for the title to the truck
is granted to this extent:

Once you pay off the broker,

I am directing the defendant
to sign off on the title.

We are withholding the $2,000
until that happens.

-Do you understand?
-Yes, ma'am.

Does that sound reasonable?

Yes, ma'am.

[Judy]
Does that sound reasonable?

Yes, ma'am.

[Judy]
Perfect. That's the order of the court.

-Your Honor, one other thing.
-[Judy] Yeah.

I also have toll roads
she's been running on it.

Just a second. Just a second.
You mean tickets?

I have 86.82 in tolls
she ran in that truck.

[Judy]
Eighty-six dollars, $2,086.

I don't have to look at it,
I believe you.

And then I also have the report
where I caught, where the demand letter,

where she stole the vehicle,

a police report
where she stole the vehicle.

And the only reason
she ever has any of that

is I needed
my daughter's birth certificate,

which she refused my daughter to have.

-[Judy] Okay, but right now...
-She's getting reported.

Right now, everybody's gonna have
a wonderful kumbaya moment.

You're gonna get the money
that you are absolutely entitled to

that she wrongfully took.

And you're gonna be
out of the F150 business.

Which means, if there are tickets
on the car, they're hers.

She won't be able to register it.

If there are tolls on the car,
they'll be hers.

And if she gets into an accident,
nobody can sue you.

Yes, ma'am.

-[Judy] I think that that's a good idea.
-Yes, ma'am.

Yeah, 'cause I'm not quite sure
about her.

$2,086, judgment on the counterclaim
for the defendant.

Being withheld until the title is cleared
with your payment, yours,

of $300 to the broker.

Great! We're done.

Thank you, Your Honor.

[Cassandra] This case is now closed.
Court's adjourned.

I am happy I get the truck.

I would've like to seen her
a little bit more embarrassed

since she's a bad mother
and bad person.

But all in all,
at least we can put this behind us.

I wish she would've listened to
a little bit more of the way he treated me

and the lies that
were coming out of his mouth.

She literally showed up one night
at 3:00 in the morning

and took the truck with all my tools
and all my equipment in it.

How I took the car.
How he didn't give me the truck.

He said that I stole it.
I did not, he gave it.

I have text messages that said,
"You can have the truck."

Her little boyfriend tells her what to do
and she does it.

He is still mad that I left him
two years ago.

It's all about her and her daughter.

She has nothing to do
with any of her three children.

And she keeps coming.

Every time she comes after me,
she costs her daughter money.

She doesn't realize that.

I still think I had a right to
because he withheld the child from me,

and I was trying to get an attorney.

And so, that is the only reason.

Because I was trying to fight
for my daughter and get her back.

I just hope she goes away.

I hope we can, hopefully, get along
just for the child's sake.

But other than that,
I never want to see him again.

Maybe she'll get arrested somewhere
and I'll be done.

You know, there was
so much more to that case.

The social part of it was so much
probably more compelling

because the plaintiff
didn't see this child for six months.

And you know, if I woke up in the morning

and didn't see my toddler next to me
for a day,

I'd be banging down the courthouse door.

And evidently that didn't happen.

It didn't happen because
Child Protective Services was involved,

and I assume Child Protective Services
was involved for a reason.

And in addition,
there's supervised visitations.

Supervised visitation usually means
that there's some issue.

And this was supervised visitation
as a result of mediation.

Gotta keep your fingers crossed
for this two-year-old.

I think everybody left happy.
What's your impression?

I agree.

[narrator]
Are you having a family dispute?



[theme music playing]