Orange County Divorce Lawyer Blog

Media reports indicate that a Los Angeles County child custody battle looms for rocker Melissa Etheridge as she moves to dissolve her California domestic partnership with Tammy Lynn Michaels.

The details of the California dissolution action - or what we appear to know of them - are in dispute. Celebrity website TMZ.com says that Etheridge's attorney has argued that Michaels should not receive "financial support" from the singer. People magazine, however, reported Monday that Etheridge is currently giving Michaels "$2000 a month and pays household bills including utilities and a car lease," citing a person it, too, describes as Etheridge's counsel.

The couple have been together nine years and are parents to three-year-old twin boys. Michaels is the children's biological mother via an anonymous sperm donor, according to TMZ. The site notes that couple registered as domestic partners nearly a decade ago, but did not formally wed during the four and a half months in 2008 when California allowed same-sex marriages.

If People is correct, a California child custody fight appears to loom for the former couple. The magazine reports that Etheridge "is seeking joint custody of their twins, while Tammy is seeking full custody."

Orange County, Los Angeles and other Southern California child custody disputes are often difficult and emotionally charged. When other factors that may complicate the case are involved - significant assets on the part of one party, a same sex couple or lack of a pre-nuptial agreement, for example - it becomes all the more important that you seek the advice of an experienced Orange County divorce and family law attorney as soon as possible. An Orange County custody lawyer can offer advice tailored to your specific circumstances with an eye on protecting all of your parental rights as a California divorce or dissolution action moves forward.

People Magazine: Attorney: Melissa Etheridge is paying Tammy's bills

TMZ: Melissa Etheridge's Ex files for Custody

In Indiana, a new law now requires Indiana casinos to withhold gambling payoffs to deadbeat parents. The State is now trying to implement an online tracking system that will allow casinos to check the names of people against a separate database of people who owe child support. The program is expected to go into effect in 2011.

The catch is that only those people who win enough money to trigger federal tax reporting forms will have to go through the check. Casinos give W-2G tax forms to people who win $1,200 or more from slot machines. There are other limits for other types of gambling.

Once the new system is online, a casino will check a winner's name when it issues a W-2G tax form. The casino will be able to check a real-time data bank from the Indiana Department of Child Services to see whether the person owes child support. Further, State taxes will first be taken from the winnings.

Indiana hopes to collect $1.2 million once the program is running. A representative states that 300,000 to 500,000 checks of winners will yield only about 400 people who owe back child support.

This sounds like a good idea to me! I previously blogged about the consequences of one's failure to pay California child support here.

If you are faced with an Orange County child support issue, contact a reputable Orange County child support attorney to immediately discuss your options.

Source: Law will hold casino winnings of deadbeat parents

You knew this was coming. On the heels of the recent scandal involving Jesse James and Sandra Bullock, sure enough, Jesse James' ex-wife, Janine Lindemulder is seeking joint legal custody and 50-50 physical custody of their daughter. Lindemulder is also seeking an increase in child support and attorney fees and costs claiming that James "owns several businesses, homes, vehicles, etc." Lindemulder also goes on to state that the disparity between her income and James' is "enormous." Lindemulder is reportedly living in a half-way house in Oregon and works as a file clerk earning $8.50 per hour. Since Lindemulder did not pay to hire her present attorney, he is taking on this case on a pro bono basis. At any rate, this matter will be heard later next month in Orange County.

The details of why Lindemulder is seeking joint legal custody and 50-50 custody of their daughter is not clear from the recent filing. In most cases involving custody disputes here in Orange County or Los Angeles County, the moving party will have to show a change in circumstance to modify an existing order. Moreover, the "best interest" of the child will also have to be analyzed. By no means will this legal battle be simple. I can't wait to see how this plays out in court.

For more information on child custody disputes in Orange County or Los Angeles County, contact an Orange County custody attorney.

Source: Jesse James' Ex-Wife Asks Court to Award her Shared Custody, More Child Support

This story sounds very familiar to another story I blogged about on New York Jets' Antonio Cromartie. This time it involves another NFL player, Albert Haynesworth. Turns out Haynesworth is being sued for $10 million by a pregnant exotic dancer who claims to have been knocked up by the football star. The exotic dancer claims Haynesworth impregnated her and then abandoned her.

Silvia Mena, 25, who is nearly four months pregnant, claimed the Washington Redskins player met her in Miami late last year and romanced her during Super Bowl week.

In papers to be filed in a New York court, she said that after Haynesworth, 28, found out about the pregnancy in late February, he promised to "emotionally and financially support" her. But "after making such promises ... Haynesworth has abandoned the pregnant Silvia Mena ... He has refused to provide any emotional or financial support of Silvia Mena or his unborn child."

The documents claim that Haynesworth -- who signed a $100 million contract with the Redskins last year -- refused to talk to Mena from late March.

Haynesworth's assistant reportedly suggested the dancer "seek treatment from an NFL physician," but Mena feared "some effort might be made to purposefully make her lose the child," the papers said.

"It is very stressful. I cry all the time," Mena said Tuesday.

Her lawyer, Salvatore Strazzullo, said he was filing the $10 million suit Wednesday in Brooklyn Supreme Court. "This man is worth millions," Strazzullo said. "She has had to apply for Medicaid to take care of her pregnancy." Haynesworth's agent declined to comment on the claims.

So, there is no doubt that Mena will be going after Haynesworth's deep pockets through a civil lawsuit and potentially a paternity and child support claim once the baby is born. If you are involved in an Orange County paternity and/or Orange County child support matter and wish to seek additional information about your rights, contact an Orange County child support attorney.

Source: FoxNews.com: Pregnant Exotic Dancer suing NFL star

It looks like the marriage between rapper Nas and Kelis is over. It was reported that the parties' marital status was terminated, reverting the parties back to their respective single status. However, Nas and Kelis still need to resolve and litigate the issues of child custody, visitation, child support and spousal support.

In April of 2009, Kelis filed a Petition for dissolution of marriage, citing irreconcilable differences. In July of 2009, a Los Angeles Superior Court Judge ordered Nas to pay Kelis $44,000 per month in combined spousal support and child support. Several months later, the Judge increased the order to $51,101 per month. Nas allegedly claims he cannot afford said support payments. According to testimony that was taken in December of 2009, Nas owes his manager $700,000 and owes the IRS millions of dollars.

From an Orange County divorce lawyer perspective, one parties' claims of substantial debts does not absolve one from their child support or spousal support obligations. Unless the payor is earning zero income, the payor must pay support. Generally, support is based upon each parties' respective incomes. For more information, please contact an Orange County divorce attorney.

Source: NewYorkDaileyNews.com: Nas and Kelis' marriage is legally over, but their custody and spousal support battle rages one

The Orange County divorce of actress Jodie Sweetin and now-former husband Cody Herpin became final last week, according to media reports. Sweetin rose to fame as a child star on the late 80s/early 90s TV series "Full House". In recent years she has admitted to struggling with drug and alcohol problems, according to a report by television station WBGH.

According to E! Online, the couple married three years ago, after dating for just two months. Their daughter turned two this month. Media reports indicate the actress has been ordered to pay her former husband $600 per month in Orange County child support. According to E!, the couple have also agreed to Orange County joint custody of their child, a request granted last week by the judge at their hearing in Orange County Superior Court.

"Cody and I try to get along the best we can for Zoie's sake," Sweeten recently told E! News in a remark that was difficult to square with some of the accusations leveled against her during the proceedings. The successful divorce settlement followed a period of bitter legal conflict between the two during which Herpin sought sole custody and claimed Sweetin had driven drunk with the child in her car, according to WBGH.

Sweetin's Orange County divorce offers a reminder of a number of issues other couples considering an Orange County divorce would do well to consider. Child custody and visitation questions can often become the subject of heated disputes. Having an experienced Orange County divorce attorney in your corner is the best way to guarantee that your rights are protected throughout the process. It is an unfortunate fact of life that California divorce is an adversarial process that can often become difficult and emotional. An Orange County divorce lawyer can be your best defense against unfair accusations designed to drive a wedge between you and your children.

E! Online: Jodie Sweetin's Sour Marriage in the Books

WBGH TV.com: Sweetin's Divorce Finalized

Shortly after a happy day, as he received a star on Hollywood's Walk of Fame, actor Dennis Hopper's increasingly bitter divorce case was back in court last week. As my colleague Winiviere Sy has previously noted, the Hopper case is as contentious as it is complex. In the latest twist, a Los Angeles family court judge has awarded spousal and child support, ruled the star's wife and daughter can keep living in the family compound and urged everyone involved to speed things up, according to the CBC.

Hopper is suffering from cancer, and his attorney has described the actor as "terminally ill". The 73-year old Hopper filed for a Southern California divorce from his wife of 14 years in January. The latest ruling by a Los Angeles divorce court judge allows his estranged wife to continue living in a family compound along with the couple's 7 year old daughter, and required the actor to pay her $12,000 per month in support, according to the television network.

Hopper's contentious California divorce is a reminder of how important it is to have an experienced Orange County divorce attorney in your corner from the very beginning of any Los Angeles or Orange County divorce and child custody proceeding.

Judges in California child custody disputes are required to act "in the best interests of the child." It was precisely this standard that the judge in the Hopper case invoked last week when noting that, for the 7 year old, "having her extended family in a war with her mother is not in her best interests." This, and the advanced state of the actor's illness, prompted the judge's admonition to all sides, calling for a speedier, less combative, proceeding.

An Orange County divorce attorney can offer invaluable advice, working to see that your case never reaches so contentious a stage - or that if it does, that your interests are aggressively defended. Protecting your relationship with your children should be a key element of any California divorce and custody settlement. In many respects, Dennis Hopper's story is an example of the sort of proceeding most divorcing couples hope to avoid. An experienced Southern California divorce lawyer will do everything possible to spare you that sort of trauma.

CBC: Hopper, family urged to settle divorce quickly

For the past few days there has been chatter that Beyonce is pregnant with her husband rapper, Jay-Z's child. However, Beyonce's rep confirmed that she was indeed not pregnant. What we can confirm is that Beyonce's father and manger, Mathew Knowles has been determined to be the father of his mistress, Alexandra Wright's baby, Nixon. Last October of 2009, Wright filed a paternity action against Knowles and alleged that she had an 18 month affair with Knowles. Subsequently thereafter, Knowles was ordered to pay temporary child support to Wright in the amount of $8,200 per month.

From an Orange County divorce attorney perspective, now that Mr. Knowles has been confimred the father, his obligation to support his child will continue until further order of court, the child turns 18, turns 19 and is still a high school student, dies, emancipates or marries, whichever occurs first. Several media outlets blogged about whether Knowles' child support obligation would increase given that he was confirmed the father. The answer is no. For the most part, child support is based upon timeshare with the child and the incomes of the parties.

If you are involved in a paternity action in Los Angeles County or Orange County, please contact an Orange County divorce attorney to discuss your rights.

Source: Perezhilton.com Beyonce is a Big Sister Again!
TMZ.com Beyonce's Dad-- You ARE the Father

I do not intend to be stereotypical or to pass judgment in writing this blog post, but why on earth is there a strong correlation between professional athletes and outstanding child support debt? This is a common trend in many cases that I have come across in Los Angeles County and Orange County, respectively. An Orange County child support attorney can assist in any child support matter you may have.

Indeed, New York Jets cornerback Antonio Cromartie has seven children from six different women spanning five States. The New York Jets picked up cornerback Antonio Cromartie from the San Diego Chargers for a third-round draft pick earlier this month and apparently gave him $500,000 of the $1.7 million he's due to make this season straightaway.

According to the New York Post, Cromartie kept himself out of a San Diego courtroom by taking between $25,000 and $50,000 of that and sending it to one of the six mothers of his seven children. He apparently hadn't been paying off his child support in a timely manner and the huge bundle of cash the Jets fronted him let him get back to where he needed to be.

I previously blogged about the consequences of failing to pay child support, including the possibility of jail time. If you are not in compliance with an existing child support order, you may want to comply forthwith. Otherwise, you have an uphill battle for your refusal to pay. Consult an Orange County child support attorney for more information.

Source: Jets Cromartie pays off child support

According to Dina Lohan, her ex-husband, Michael Lohan, is a deadbeat dad.

"It's almost been a year without child support," Dina Lohan said after a closed door meeting with her ex-husband in Nassau County Family Court on Tuesday.

The parents of troubled starlet Lindsey Lohan have been squabbling over court-ordered child support payments. It's unclear how much Michael Lohan owes, but TMZ.com reported it was more than $15,000.

"I just want him to do the right thing. I just want him to take care of his kids," Dina Lohan said after the meeting. "This isn't about us. It's about his children."

"No one wants a war," she said. "I don't want to be here more than anyone else in this building. It's a very sad place."

Continue reading "Michael Lohan has not paid Child Support in Over a Year" »

Today, trial commenced in a case of a man accused of murdering his wife. Henry Lisowski is accussed of killing his wife, Rosa, over a child support dispute. The prosecution states that a child support dispute prompted the killing.

It has been reported that Henry Lisowski, who had repeatedly threatened to harm his estranged wife, was driven to kill her after she was awarded child support for the two young children they shared, a prosecutor told a jury Monday.

The wife, Rosa Lisowski, went missing about a month before an important court hearing in 2008, when a judge was to consider whether her husband would have to pay child support for the previous year and whether he had significantly underreported his income.

Her body was never found, but the prosecutor said yesterday that evidence presented in Henry Lisowski's trial would show that he killed her and dumped her body in a trash bin.

Continue reading "Trial Begins for a Husband accused of Killing Wife over Child Support Dispute" »

Do you have an existing California child support order in place? Have you been making payments towards that California child support obligation? Are you in arrears in your California child support payments? Do you need assistance in modifying your present obligation to an affordable monthly payment amount? If so, please consult an Orange County child support attorney to either modify your payment, bring your payments current and/or assist in resolving any existing child support arrears. Failure to make payments on an existing California child support order can cause conflict, problems and a potentially endless tangled relationship with the Department of Child Support Services. Other obstacles that may directly affect the obligor include the withholding of a driver's license or U.S. Passport and even jail time.

An article that was released today indicated that an illegal immigrant, who failed to pay child support, was sent to prison. A 33-year-old illegal immigrant was sentenced this week to four years in prison after failing to pay child support for two children he fathered with a Sheboygan woman, according to court records released Friday.

Continue reading "Failure to Pay Child Support could Result in Jail Time" »

It was reported earlier this week that Bristol Palin filed a Motion for Interim Child Support in the Alaska Superior Court. According to Alaska law, the non-custodial parent is obligated to provide child support up to 20% of the non-custodial parent's adjusted annual income (up to an annual income of $105,000). Bristol Palin is demanding that Levi Johnston pay her $1,750 per month in child support, retroactive to the birth of their son, Tripp, who was born on December 27, 2008. According to court documents filed, Bristol contends that Levi has pulled in "in excess of $105,000 in 2009 through various media interviews and modeling related activities."

Continue reading "Bristol Palin Seeks Interim Child Support from Levi Johnston" »

Changing work patterns and the economic downturn are creating new Southern California divorce issues - some of which would have been unheard-of even a short time ago. These highlight your need for an experienced Southern California spousal support attorney when you set out to negotiate the end of a marriage.

The idea of men receiving California spousal support (as alimony is known in California) from their ex-wives used to be virtually unheard-of. A divorce settlement requiring the actress Joan Collins to send her ex a monthly check made national headlines back in the 1980s. More recently, the actress Anne Heche publicly complained that she could no longer afford the $15,000 per month in spousal and child support she owes her ex-husband.

While it is still unusual for men to receive support when a marriage ends, the practice is becoming more common, and is certainly no longer confined to Hollywood celebrities. More and more marriages are two-income households. The economic downturn has made cases in which women, as a family's main breadwinner, are being asked to support their ex-husbands increasingly common. According to a recent report by ABC News around 13,000 American men now receive alimony payments from their ex-wives, up from about 7,000 in 1998.

California child support and California spousal support issues are often linked, which is why anyone considering a California divorce needs to begin the process by seeking out the services of an experienced California family law attorney.

Statistics published by the federal Department of Health and Human Services indicate that new requests for help collecting California child support were up 11.5% in the 2008 fiscal year. At the end of that period the government was still trying to enforce the collection of more than $19 billion in unpaid California child support.

Continue reading "California spousal support picture is changing" »