After Ferko and his wife failed to win custody of their grandson, they divorced. Following the settlement, SMI maintained its distance from Ferko to help repair its relationship with NASCAR, and in 2005, before the initial running of the Dickies 500, Ferko expressed his disappointment in SMI for not compensating him for his part in the lawsuit, and expressed regret at pursuing it.
After Ferko and his spouse were unable to secure custody of their grandson, they parted ways. Following the agreement, SMI kept its distance from Ferko in order to mend its relationship with NASCAR, and in 2005, prior to the initial running of the Dickies 500, Ferko expressed his discontent with SMI for not compensating him for his role in the lawsuit, and expressed remorse at pursuing it.