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.
Ferko and his spouse were unsuccessful in their attempt to secure custody of their grandson, resulting in their separation. Following the agreement, SMI maintained a distance from Ferko as part of an effort to repair its relationship with NASCAR. In 2005, prior to the initial running of the Dickies 500, Ferko expressed his discontent at SMI's failure to compensate him for his role in the lawsuit and later expressed regret over pursuing it.