Recently in Child Support Category

Statutory Rape Victim Forced to Pay Child Support

September 10, 2014, by David P. Schwarz

Nick Olivas became a father at 14, a fact he wouldn't learn for eight years.

While in high school, Olivas had sex with a 20-year-old woman. As he sees it now, she took advantage of a lonely kid going through a rough patch at home.

State law says a child younger than 15 cannot consent with an adult under any circumstance, making Olivas a rape victim. Olivas didn't press charges and says he didn't realize at the time that it was even something to consider.

The two went their separate ways. Olivas, now 24 and living in Phoenix, graduated from high school, went to college and became a medical assistant.

Then two years ago, the state served him with papers demanding child support. That's how he found out he had a then-6-year-old daughter.

"It was a shock," he said. "I was living my life and enjoying being young. To find out you have a 6-year-old? It's unexplainable. It freaked me out."

He said he panicked, ignored the legal documents and never got the required paternity test. The state eventually tracked him down.

Olivas said he owes about $15,000 in back child support and medical bills going back to the child's birth, plus 10 percent interest. The state seized money from his bank account and is garnisheeing his wages at $380 a month.

FEAR AND FRUSTRATION

He has become one of the state's 153,000 active child-support cases, according to the Arizona Department of Economic Security division of Child Support Services.

In May alone, payments were not made in 49 percent of those cases, according to the agency.

Olivas' fear has turned to frustration.

He wants to be in his daughter's life and is willing to pay child support going forward. But he says it's not right for the state to charge him for fees incurred when he was still a child himself or for the years he didn't know the girl existed.

"Anything I do as an adult, I should be responsible for," he said. "But as a teenager? I don't think so."

Situations such as Olivas' are rare, according to fathers-rights advocates. But cases in several states have garnered attention. Although there has been some public outcry over charging a crime victim with child support, the courts have consistently said states have every right to do so.

KANSAS, CALIFORNIA CASES

The most well-known case was of a Kansas boy who, at age 13, impregnated his 17-year-old baby-sitter. Under Kansas law, a child under the age of 15 is legally unable to consent to sex. The Kansas Supreme Court in 1993 ruled that he was liable for child support.

California issued a similar state court ruling a few years later in the case of a 15-year-old boy who had sex with a 34-year-old neighbor. In that case, the woman had been convicted of statutory rape.

In both cases, it was the state social-services agency that pursued the case after the mother sought public assistance.

"The Kansas court determined that the rape was irrelevant and that the child support was not owed to the rapist but rather to the child," said Mel Feit, director of the New York-based advocacy group the National Center for Men.

In Arizona, the Department of Economic Security oversees child--support enforcement. Its written policy is not to exempt situations like Olivas' from child-support responsibilities, unless the parent seeking child support has been found guilty of sexual assault with a minor or sexual assault.

"We don't see those cases very often, and we're really glad for that," said attorney Janet Sell, chief counsel with the Attorney General's Office's Child and Family Protection Division.

FOCUS ON THE CHILD

But DES officials said the intent of the rule is to ensure that the child, who had no control over the situation, is cared for.

Feit said if the roles were reversed and the woman was the victim, the scenario would be unthinkable.

"The idea that a woman would have to send money to a man who raped her is absolutely off-the-charts ridiculous," he said. "It wouldn't be tolerated, and it shouldn't be tolerated."

Feit said the basic legal premise of a rape is that the victim can't be held responsible. And with statutory rape, even if the victim participates, he or she can't be held responsible.

"We're not going to hold him responsible for the sex act, so to then turn around and say we're going to hold him responsible for the child that resulted from that act is off-the-charts ridiculous," he said. "It makes no sense."

Arizona also has no exemption for children born to children, although the state cannot get a court order for child support against the non-custodial parent until that parent becomes an adult.

It also doesn't matter to the state whether the non-custodial parent knows about the child or not. Child support is a separate legal issue from custody.

The state requires parents seeking public assistance under the state's welfare programs to first pursue child support. The child-support payments then are used to help reimburse the state for assistance payments.

"They have to comply with us," said Scott Lekan, DES child support operations administrator. "We're trying to keep them off the cash assistance, and we're trying to get back some of the cash assistance money. It benefits everybody at the end of the day."

The state has more routes than the courts to acquire money from a parent. It can garnishee wages up to 50 percent of disposable income. It can take a tax refund. It can put a lien on a home or a vehicle. It can suspend driver's licenses or revoke passports. And it can seize money out of bank accounts.

"Our biggest source of income is from income-withholding orders to employers," Lekan said.

Under Arizona's child-support formula, non-custodial parents may keep their first $903 to cover their own living expenses. A child-support payment amount is then set based on the remaining money.

Olivas is trying to fight some of the child-support costs, but says he can't afford a lawyer.

He also is trying to see his daughter.

"I lost my mom at a young age. I know what it's like to only have one parent," he said. "I can't leave her out there. She deserves a dad."

Contact a Father's Rights lawyer or Santa Ana Child Support lawyer today for help.

Halle Berry to pay $16,000 per month in Child Support

June 16, 2014, by David P. Schwarz

Oscar winning actress, Halle Berry, has to pay over $16,000 in child support each month to her ex, Gabriel Aubry, to provide for their 6-year-old daughter Nahla, the Los Angeles Superior Court ordered.

Berry's monthly bill will remain in effect until Nahla turns 19 or graduates high school, whichever occurs first. The settlement came on May 30, at the end of lengthy child support legal battle.

The court also ordered Berry to pay $115,000 retroactively in child support, as well as to cover her ex-boyfriend's legal fees, which amount to $300,000. Berry is fully responsible for Nahla's tuition, while both parents will divide health care costs.

Berry and the Canadian model met in 2005 and split in spring 2010 and have since been entangled in bitter custody and child support litigation.

Berry and Aubry's legal battles also include Berry seeking to relocate their daughter to France, and Nahla's nanny filing a restraining order against Aubry. Since their custody dispute came to an end in spring 2011, both parents have shared equal custody of Nahla.

Contact a Costa Mesa child support lawyer today if you have any issues.

No More Kids until Child Support is Paid Off

May 19, 2014, by David P. Schwarz

An Ohio appeals court has upheld a judge's order that a deadbeat father can't have more kids until he pays his back child support.

The decision this week by the 9th District Court of Appeals didn't provide an opinion about whether the judge's order was appropriate. Instead the appeals court said it didn't have enough information to decide the merits of the case without a copy of the pre-sentence report detailing Asim Taylor's background.

In January 2013, Lorain County Probate Judge James Walther said Taylor couldn't have more children while he is on probation for five years. The judge said the order would be lifted if Taylor pays nearly $100,000 in overdue support for his four children.

The (Elyria) Chronicle-Telegram reports that Taylor's attorney is arguing that the order violates his right to reproduce.

Contact an Orange County Child Support Lawyer today for help!

Rapper Ludacris ordered to pay child support

April 25, 2014, by David P. Schwarz

Ludacris' custody battle with the mother of his four-month-old baby is going from bad to worse. The rapper has been ordered to pay $35,000 to Tamika Fuller, with whom he fathered a child last year, to pay for Fuller's legal fees, RadarOnline.com reports. A judge also shot down Luda's request to hold Fuller in contempt of court, instead siding with Fuller.

Matters between Luda and Fuller have been contentious from the start. The "Southern Hospitality" rapper fathered the child, named Cai Bella Bridges, while still in a relationship with model Eudoxie. He admitted to paternity of the baby girl in January, and then weeks later accused Fuller of plotting to extort him for money.

Cai is Luda's second child; he has a 12-year-old daughter named Karma from a previous relationship.

Contact a Santa Ana child support attorney today for help!

17 years in Prison for Man who hid assets

March 12, 2014, by David P. Schwarz

A California businessman accused of declaring bankruptcy and hiding his assets to avoid paying child support and spousal support following a contentious divorce was sentenced to more than 17 years in prison.

Steven K. Zinnel, 50, of Sacramento County was also ordered to pay a $500,000 fine and forfeit assets worth more than $2.8 million, The Sacramento Bee reported.

Prosecutors believe it is the longest prison term for bankruptcy fraud ever meted out in the federal courts that make up the Sacramento-based Eastern District of California, the Bee reported.

The fraud came to light after Zinnel called the FBI and asked the agency to investigate his ex-wife, the Bee reported. The couple, who have two teenage children, split in 1999.

The state 3rd District Court of Appeal ruled on the divorce case in 2008, and said in the ruling that it was Zinnel's "unstated but apparent view that if he can conceal his finances long enough he will not have to support his children."

Federal prosecutors alleged Zinnel, of Gold River, put much of his property in other people's names before and after his 2005 bankruptcy. He was an investor in an electrical infrastructure company and real estate.

Zinnel then allegedly laundered funds back to himself through a company owned by an attorney, Derian Eidson, 50, her attorney-client trust account and her personal bank account.

Zinnel was convicted of 15 counts of bankruptcy fraud and money laundering last year. Eidson was convicted of one count of conspiring and one count of attempting to commit money laundering. She is scheduled to be sentenced on March 31.

A call to Zinnel's attorney, Thomas Johnson, was not immediately returned.

During Tuesday's sentencing, U.S. District Judge Troy L. Nunley described Zinnel as "narcissistic," citing what he said were the defendant's repeated lies in bankruptcy and family courts.

Contact a Santa Ana child support attorney if you need help in any child support related issues.

SEC charges investment banker Hixon Jr. with insider trading to pay ex-girlfriend child support

March 7, 2014, by David P. Schwarz

The Securities and Exchange Commission today announced an emergency action against a New York City-based investment banker charged with insider trading for nearly $1 million in illicit profits.

The SEC alleges that while working on Wall Street, Frank "Perk" Hixon Jr. regularly logged into the brokerage account of Destiny "Nicole" Robinson, the mother of his young child. He executed trades based on confidential information he obtained on the job, sometimes within minutes of learning it. Illegal trades also were made in his father's brokerage account. When his firm confronted him about the trading conducted in these accounts, Hixon Jr. pretended not to recognize the names of his father or his child's mother. However, text messages between Hixon Jr. and Robinson suggest he was generating the illegal proceeds in lieu of formal child support payments.

In a parallel action, the U.S. Attorney's Office for the Southern District of New York today announced criminal charges against Hixon Jr.

"Hixon Jr. violated the trust of his employer and clients by abusing his special access to nonpublic market-moving information," said David Woodcock, director of the SEC's Fort Worth Regional Office. "Hixon Jr. went to great lengths to hide his wrongdoing and even denied knowing his father or the mother of his child."

A federal judge has granted the SEC's request and issued an emergency order freezing Robinson's brokerage account, which the SEC alleges contains the majority of proceeds from Hixon Jr.'s illegal trading with a balance of approximately $1.2 million.

According to the SEC's complaint unsealed today in federal court in Austin, Texas, Hixon Jr. illegally tipped or traded in the securities of three public companies. He traded ahead of several major announcements by his client Westway Group in 2011 and 2012. He traded based on nonpublic information he learned about potential client Titanium Metals Corporation ahead of its merger announcement in November 2012. And Hixon even illegally traded in the securities of his own firm Evercore Partners prior to its announcement of record earnings in January 2013. Hixon Jr. generated illegal insider trading profits of at least $950,000.

According to the SEC's complaint, when Hixon Jr.'s employer asked him in 2013 whether he knew anything about suspicious trading in accounts belonging to Destiny Robinson and his father Frank P. Hixon Sr., who lives in suburban Atlanta, Hixon Jr. denied recognizing either name. When later confronted with information that he did in fact know these individuals, Hixon Jr. continued his false claims, saying he didn't know Robinson as "Destiny" and asserting in a sworn declaration that when approached he didn't recognize the name of the city where his father lived for more than 25 years. Hixon Jr. was subsequently terminated by his employer.

The SEC's complaint alleges that Hixon Jr. violated the antifraud provisions of the Securities Exchange Act of 1934. In addition to the asset freeze, the complaint seeks permanent injunctions, disgorgement of ill-gotten gains with prejudgment interest, and financial penalties. Hixon Sr. and Robinson have been named as relief defendants for the purposes of recovering the illegal trading profits held in their accounts.

The SEC's investigation has been conducted by Tamara McCreary, Ty Martinez, and Jonathan Scott of the Fort Worth Regional Office. The SEC's litigation will be led by Timothy Evans and David Reece. The SEC appreciates the assistance of the U.S. Attorney's Office for the Southern District of New York, Federal Bureau of Investigation, and Financial Industry Regulatory Authority.

Contact a Santa Ana child support lawyer now!

Details concerning Marc Anthony's child support to Dayanara Torres

March 5, 2014, by David P. Schwarz

Marc Anthony reported pulling in a whopping $1.25 million a month in legal documents filed as part of his child support fight with ex-wife Dayanara Torres.

The 45-year-old singer and his 39-year-old former beauty queen wife have been in a child support battle involving their 13-year-old son Cristian and 10-year-old boy Ryan.
The 1993 Miss Universe winner has been seeking to raise her monthly support for their sons from $13,000 a month to $113,000 a month.

Anthony was forced to disclose his income and reported a net worth of $20.8 million, according to a report on Tuesday by TMZ.

The Grammy-winning singer reported having $260,000 in cash and paying $18,000 a month in child support in other relationships

He also has a daughter Ariana born in 1994 with an ex-girlfriend.

Torres has complained in legal filings that she was forced to sell her home and live in a cramped 1,200-square-foot apartment in the San Fernando Valley area of Los Angeles.
Anthony responded in his own legal documents that Torres was a poor money manager.

He claimed that she could afford a better place to live since he pays $28,000 a month in child and spousal support. Anthony and Torres were married in 2000 and their divorce was finalized in 2004.

For more information on filing a child support action in Orange County or Los Angeles county, contact a Costa Mesa child support lawyer today.

Child Support: Marriage of Mihm

February 7, 2014, by David P. Schwarz

Melissa and Scott Mihm entered into a stipulation and agreement for dissolution of their marriage. The stipulation included an agreement to a child support amount below what was provided by the child support guidelines (the guidelines). The district court incorporated the stipulation into its decree of dissolution.

Scott later filed a motion to modify the divorce decree, and Melissa counterclaimed seeking an increase in child support. The district court concluded (1) there had been no substantial change in circumstances justifying a modification of Scott's child support obligation, and (2) the agreement, which was made by the parties with full knowledge that the child support was not based upon the guidelines, should not be modified unless "for the direst of needs."

The Supreme Court reversed and remanded on the issue of child support, holding (1) the original child support order did not provide a proper basis on which to base a decision on modification of child support because it was not consistent with law or rules governing child support; and (2) Melissa showed there had been a substantial change in circumstances since the entry of the underlying decree, warranting a child support modification.

Contact a Costa Mesa Child Support Lawyer today for help!

Sperm Donor Required to Pay Child Support

January 31, 2014, by David P. Schwarz

What began with a Craigslist ad from a lesbian couple calling for a sperm donor in rural Topeka, Kansas ended in court on Wednesday with a judge ordering the donor to pay child support.

William Marotta claims to have waived his rights as a parent during the process, but Shawnee County District Judge Mary Mattivi maintained that the parties did not enlist a licensed physician, which nullifies his claim to being a sperm donor.

"In this case, quite simply, the parties failed to perform to statutory requirement of the Kansas Parentage Act in not enlisting a licensed physician at some point in the artificial insemination process," Mattivi wrote in her decision, according to AP.

The case to have Marotta declared the father was filed by Kansas Department for Children and Families in October 2012. He could now effectively be held responsible for around $6,000 in assistance already provided by the state along with future child support payments.

Marotta's attorney slammed the judge's decision and claimed the state was "vilifying" his client.

This case rather odd from a legal perspective. Is this case setting a precedent that all sperm donors will be held responsible for child support? This case sounds similar to that of Jason Patric, who was fighting for custody of his son.

I find it unsettling that simply donating sperm and relinquishing one's parental rights will cause liability for the payment of child support just because of the absence of a lincensed physician in the insemination process.

Montana Child Support Enforcement Division Erred

January 14, 2014, by David P. Schwarz

In the case of Kench v. State, the Plaintiff agreed to an increase in his monthly support obligation. The increase was applied retroactively to the date the child's mother requested the increase, which created an arrearage in Plaintiff's account.

Although Plaintiff arranged to pay off the arrearage, the State of Montana, Child Support Enforcement Division (CSED) reported the arrearage to national consumer credit reporting agencies. Prospective employers subsequently rejected Plaintiff as an otherwise qualified candidate for being delinquent in his child support payments.

Plaintiff filed suit against CSED for its erroneous report to the credit agencies. The district court dismissed the complaint for failure to state a claim.

The Supreme Court affirmed, holding (1) the district court erred in concluding that Plaintiff's arrearage constituted a delinquency or overdue child support, but the dismissal of Plaintiff's complaint must be upheld because Plaintiff did not avail himself of the statutory and administrative processes for challenging this action by CSED; and (2) the resulting injustice in this case required remand with directions that the credit reporting agencies that reported Plaintiff's arrearage remove from their data base any reference to Plaintiff having been in arrears or delinquent in the payment of his child support obligations.

Contact a Huntington Beach child support lawyer today for help on any child support matters.

Child Support Owed by Bachelor, Juan Pablo, according to reports

January 11, 2014, by David P. Schwarz

With the new season of The Bachelor that just started, we hear the news about the show and who he may end up with at the final rose ceremony, but does the current Bachelor, Juan Pablo, owe his ex-wife child support?

According to Reality TV World, Juan Pablo Galavis -- father to a daughter named Camila born in 2009 -- "was ordered to pay an outstanding balance of $3,574.57 in back child support payments by a judge in May 2011, according to court documents obtained by The National Enquirer.

Juan Pablo has been hoping that news of his court-ordered child support didn't get out because he doesn't want Bachelor fans finding out he's not the perfect father he portrays himself to be," a source told The Enquirer," reports the site.
Camila's mother is actress Carla Rodriguez, who was with Galavis for two years before they split. And even though the couple have had their differences, new reports suggest that Rodriguez is supportive of his new stint on "The Bachelor" -- even if it's only because she wants to keep the child support checks coming in.

"[Juan Pablo's] Bachelor bio glazes right over all the domestic issues that Juan and Carla have had over the years, but they've had their fair share of heated run-ins. I do question the fact that Camila is staying with Juan Pablo's parents in Los Angeles while he is taping. So, why would his ex need child support if he seems to have custody? Believe who you want, but this could put a major bump into the road of fame for The Bachelor Juan Pablo, which is clearly all he wants out of this deal!" reports Reality TV Rewind.

Either way, with all the fame and glory that come with being The Bachelor, child support payments need to be made. So, lets hope that Juan Pablo has taken care of his child support debt or there will be consequences.

Contact a Costa Mesa child support lawyer now!

NY Giants Safety, Will Hill, owes $9K in Child Support

January 8, 2014, by David P. Schwarz

New York Giants safety Will Hill owed more than $9,100 in child-support payments when he was arrested after a motor vehicle stop in Little Falls on Dec. 20, according to the Hudson County's Sheriff's office and police reports.

The police officer who made the stop just on Route 46 before 6 p.m. "detected the odor of burned marijuana emanating from within the vehicle," a 2010 Mercedes owned by the former St. Peter's Prep star but being driven by Dawud Al-Ghaffaar, 24, of Sunrise, Fla., police said.

The officer also observed "cigar shavings throughout the vehicle as well as pieces of cigar wrappers suggesting marijuana was once prepared and smoked in the vehicle." Hill, 23, and two others, a 19-year-old East Orange woman and a 29-year-old Jacksonville, Fla. man were passengers.

Hill consented to a search of the vehicle and no drugs were found, police said. The vehicle had been pulled over because Al-Ghaffaar traveled straight through an exit-only lane over the hashmarks in the roadway, police said.

The 6-1, 207-pound Hill was arrested when police found he was wanted in Hudson County for non-payment of child support, police said. He was handcuffed with two sets of handcuffs "due to his size," and held at the Little Falls police station.

A Hudson County Sheriff's officer transported Hill to the Hudson County jail in Kearny, where he paid the outstanding $9,184,92 and was released, said Mike Makarski, a spokesman for the Sheriff's Office. The warrant had been issued on Dec. 10. According to published reports, Hill earned $480,000 this year. His contract with the Giants paid him $367,000.

At the time of the arrest, the Giants called it a "personal matter," and said Hill would not face discipline. Hill traveled with the team to a game in Detroit two days later, and made a key interception he returned for a touchdown to seal the Giants' victory over the Lions.

Given the new information about the police's suspicion of drug use in Hill's vehicle, Giants spokesman Pat Hanlon said "Obviously, the league is aware of Will's history and already has been involved on that level."

Al-Ghaffaar, also known as Dawud Lane and who played college football at Rutgers and Bethune-Cookman, was issued summonses for driving with a suspended license and making an improper turn. The East Orange woman, Ayana Hall, was taken into custody when police found she had an outstanding warrant for $500, police said.

Hill was one of the few bright spots in a down season for the Giants. He started 10 games, made 77 tackles and intercepted two passes.

In his short career, Hill has been suspended for failing drug tests and for his use of Adderall, a prescription drug used to treat attention deficit hyperactivity disorder (ADHD).

Call a Santa Ana child support lawyer for more information on filing a child support action in Orange County or Los Angeles County.

R Kelly pays his past due Child Support

January 1, 2014, by David P. Schwarz

Happy 2014! Happy New Year to all our readers!

Let's start this year off on the right path with a positive post about a parent paying off their child support debt.

According to reports, R. Kelly has paid off his $114,000 child support debt he owed to the mother of his child(ren).

A week ago or so, "The Custodial Support Foundation" issued a press release stating that Andrea Kelly (of "Hollywood Exes") hired them to contact R. Kelly for falling behind on his child support payments.

According to reports, R. Kelly is now up to date on all his support payments! Horray!

If you have a child support order in place, make sure you pay it every month. Otherwise, there could be dire consequences if you fail to pay.

Well done R. Kelly. Now you don't have to worry about the Dept of Child Support services taking away your driver's license or passport.

Contact an Orange County child support lawyer for help today!

Charlie Sheen Uses Twitter to Rant about Ex and Child Support Services

November 4, 2013, by David P. Schwarz

Charlie Sheen took to twitter on last Friday to voice his dislike towards his ex Brook Mueller and the Department of Child and Family Services (DCFS).

He tweeted the following:

"Last night was awesome! I went as an officer from DCFS (child protection srvc) because that's about as sane as these inept and retarded doosh bags seem when dealing with my sons bob and max."

Sheen continued, "It's an abhorrent dick dance that has NOTHING to do protecting any child."

"Instead they are swayed by the evil and pathetic ├╝ber loser whore that calls herself Brooke," wrote the angry star. "There will be a reckoning. There will be a whirlwind, that they will all reap while desperate begging for my forgiveness."

He concluded, "You've all been warned... bob if u delete this u are cooked and fired like a luau swine."

Like many other posts I've written about, be careful what you write on social media websites like Twitter, Facebook, Instagram etc. They can all be used as evidence against you in court.

Word is that Brooke Mueller and her attorneys are upset about the rant because there was a gag order in place and they are alleging that Sheen violated the order by posting said Twitter rant.

From a Costa Mesa Divorce Lawyer's perspective, I just caution you to be careful of what you post onto social media. It could come back to bite you in the butt!

The Law Office of David P. Schwarz can help you in any child support matter you have. Contact me now!

Divorce Drama for music artist Timbaland

October 30, 2013, by David P. Schwarz

According to TMZ.com, Timbaland's wife has filed for divorce.

Monique Mosley states in her divorce documents, that although she and Timbaland have been married for 5 years, they've been a couple for twice that time. In addition to their 5-year-old daughter, Monique has a 10-year-old from another relationship. Monique is requesting that Timbaland pay child support for their daughter together and the other child (not fathered by Timbaland). Monique alleges that Timbaland is the father by default, since he's "publicly and privately proclaimed this child as his own."

Further, Monique is requesting spousal support, life insurance, private school, vacations, summer camp and other expenses to be paid by Timbaland. Monique states that she is so strapped for cash, she had to borrow money from a friend to pay her lawyer. She is requesting that Timbaland -- who's worth around $80 mil -- to pay for her attorney's fees as well.

From a Santa Ana Divorce Lawyer's perspective, there is not likely any chance Monique is going to obtain child support from Timbaland for the child that is not his biological child. She will definitely be able to get child support for the child they had together. But we shall see.