Orange County Divorce Lawyer Blog

Last month I wrote about Justine Musk and her unusual approach to her pending California divorce from billionaire investor Elon Musk. Justine, a novelist who specializes in supernatural thrillers, had taken to blogging about her settlement negotiations with Elon. As I noted at the time, she was demanding stakes in two of his business ventures as well as $6 million in cash, the couple's house, child support and alimony. There was speculation at the time that her demand for ten percent of Tesla Motors could complicate the company's plans to go public later this year.

The good news for investors is that the company now says the Los Angeles divorce case will not "affect its plans to list its shares," adding, according to the Reuter News Agency, that Tesla "does not rely on (Elon Musk) to provide further funding." The news agency reports that in an SEC filing last week the company stated "we do not believe that Mr. Musk's personal financial situation has any impact on us."

The week's other Musk headline, however, concerns Elon's 'personal financial situation': the billionaire co-founder of PayPal now claims to be having money problems. According to the Silicon Valley Business Journal, Elon Musk recently said "in legal filings that he has been getting by 'on personal loans from friends since October 2009 and spending $200,000 a month while making far less.'" The Business Journal, citing the blog Venturebeat, says Elon contended in a February court filing that has now come to light, that he has "run out of cash."

We can all speculate on how one might find ways to economize on a $200K per month lifestyle - but the divergent pictures of Elon Musk's finances are a reminder of why anyone contemplating an Orange County, Los Angeles County or Southern California divorce needs to spend time talking strategy with an Orange County divorce lawyer. Simply put: Justine Musk still believes her husband to be loaded. He says he is broke. Sorting through claims like these to find the truth and reach a fair settlement is what Orange County family law and divorce attorneys do.

An experienced Orange County or Los Angeles divorce lawyer can walk clients through the procedures necessary to get the information a spouse may be withholding, protecting a client's rights and his or her future.

Reuters: RPT - Tesla says not affected by CEO's divorce dispute

Silicon Valley Business Journal: Tesla CEO gets by with help from friends

I was watching The Joy Behar Show today and they were discussing a recent scandal involving Sarah Ferguson. Apparently, a Brisish tabloid ran a sting on Fergie wherein an undercover journalist posing as a businessman was willing to pay for a chance to meet Prince Andrew. With hidden cameras running, the former duchess agreed to arrange an encounter with Prince Andrew in exchange for a half a million pounds (about $700,000).

Ferguson apologized almost as soon as the ink was dry on the News of the World headlines. "I very deeply regret the situation and the embarrassment caused," she said. "It is true that my financial situation is under stress however, that is no excuse for a serious lapse in judgment."

As discussed on Joy Behar's show today, Fergie is considering locating from London to the United States. The cost of living in London is substantially more than it is here in the United States. Further, Fergie no longer has the Weight Watchers endorsement and whatever other opportunities she capitalized on several years ago. It is very likely that her only source of income is the meager $20,000 per year or $1,666 per month she receives in spousal support, thereby possibly explaining her recent lapse in judgment. Hypothetically speaking, the cost to rent a decent 2 bedroom place in coastal Orange County averages around $2,000 per month. The $1,666 per month she receives spousal support will not even cover a roof over her head!

For more information on California spousal support issues, please contact an Orange County divorce attorney.
Source: Sarah Ferguson was expected to live on $20,000 in alimony annually. Could you?

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

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

Lifestyles of the rich and famous....oh my! This is by far the largest request for spousal support that I have ever seen. According to court pleadings filed in the Los Angeles Superior Court, ousted Dodger CEO, Jamie McCourt is requesting that her estranged soon to be ex-husband, Frank McCourt, fork over $988,845.00 per month in temporary spousal support.

According to released court sealed documents, here are some highlights reflecting the parties' marital lifestyle:

* For the last 5 years of their marriage, Jamie and Frank took $2.31 million per month in salaries and perks -- almost entirely on a tax-free basis.

* Frank's financial advisor testified, "During the marriage the parties used the business to fund whatever they needed, or wanted, as it was their personal ATM or credit card.

* Jamie claims ... Frank's 2008 personal financial statements put his net worth at $834,900,000 and valued McCourt Enterprises in excess of $2 billion.

* Frank spent $52,000 in clothes since November and dropped more than $81,000 on a December vacation ... according to Jamie.

* As for Jamie's request for just under a million a month, she claims it's necessary "to maintain her accustomed marital lifestyle."

Unless you are Frank McCourt, Warren Buffett or Donald Trump, said types of temporary support orders are extraordinary. For more information on obtaining spousal support pending an Orange County dissolution proceeding, contact an experienced and reputable family law attorney.

Source: TMZ: Frank/Jamie McCourt Divorce-- So Rich!

Several celebrity news websites are reporting that a settlement has been reached in the California divorce of Playboy founder Hugh Hefner, which is expected to become final next month.

The relationship between Hefner, 83, and his wife Kimberly has, according to media reports, been an unusual one. The couple married in 1989 and separated in 1998, but only filed for a California divorce last year. In the interim Kimberly has been living with the couple's children in a house adjacent to the Playboy Mansion and Hefner has been paying her a monthly allowance.

Divorce settlements involving high-asset couples - especially couples in which one partner brings most of the assets into the marriage - can be especially complex. California prenuptial agreements were created, in part, to address situations like this. The Hefner settlement may also have been complicated by the unusual living arrangements the couple have had for more than a decade. Further complicating matters is a lawsuit Kimberly filed last year against the ageing publisher, demanding
$5 million as her share of the profits from Hefner's sale of the home where Kimberly and the couple's sons have been living. Hefner claimed in response that "he's paid her nearly $12 million since they separated," according to TMZ.

Though unusual in many respects, the Hefner divorce is also a reminder of the importance of securing the help of a skilled Orange County divorce lawyer who can help you chart a course through your California separation and divorce whatever their circumstances may be. Divorces that do not involve multi-million dollar homes or other significant California community property assets can be just as complex and contentious as those of movie stars or magazine publishers. The first important step to take involves finding a Los Angeles, Orange County or San Bernardino County divorce attorney who will give your case the careful attention it deserves, and fight for everything to which you are entitled.

Contactmusic.com: Hefner's Divorce Finalised in March

TMZ.com: Hugh Hefner Divorce: A Done Deal

It is not uncommon for the court to order a liquidation of a community property asset and provide said funds to the supported spouse or apportion it between the parties. Many times a hearing to determine how much support one party pays to the other could be delayed until the forensic accountant finalizes the cash flow report available for support, among other reasons.

As an example, it was reported today that Jamie McCourt will receive $1.4 million to cover her expenses until next month's hearing on spousal support. The $1.4 million comes from the liquidation of an investment account in the names of Frank and Jamie McCourt. The agreement also provides Jamie McCourt with access to additional funds -- in an unspecified amount -- from the couple's joint investments.

When Frank and Jamie McCourt filed for divorce in October, she asked for $320,967 per month if she were reinstated as the Dodgers' chief executive officer and $487,634 per month if she were not. The court denied her request for immediate reinstatement.

Continue reading "McCourt Divorce: Liquidating a Community Asset to Maintain the Status Quo" »

Alimony and California divorce have been much in the news lately, partly because of the recent passing of Michelle Triola, whose 1970s lawsuit against actor Lee Marvin established the concept of "palimony" in a 1979 California family law ruling. On a related topic, a story which appeared in the Wall Street Journal last week has sparked a nationwide conversation about the changing nature of alimony itself. The shifting nature of California alimony, California divorce and California family law issues are a reminder of the importance of having a skilled Southern California divorce lawyer in your corner when negotiating a potential legal minefield.

Triola made headlines more than 30 years ago when she sued Marvin for benefits similar to those a former spouse would be entitled to under California divorce law governing alimony and California community property. The 1979 California Supreme Court ruling allowing her suit to go forward established the concept of "palimony", though Triola later lost her attempt to win ongoing financial support from Marvin.

The Journal article notes that alimony has traditionally been seen as a lifetime commitment, usually on the part of the man, after a divorce. Most people believe their divorce to be the final say on issues of alimony and support, but the article cites several instances of spouses returning to court, in some cases decades after the dissolution of a marriage, citing changed financial circumstances and demanding the alimony they initially waived. Several experts quoted in the article note that most American laws governing divorce and alimony date from the 1950s and 1960s, an era when single-income households were the norm and many fewer women has professional skills and careers than is the case today.

The Journal article points out that California is among the states with laws allowing for indefinite California alimony payments. These can continue even if the former spouse receiving them is working and no longer needs the financial support.

An experienced Orange County family law attorney can offer advice on Southern California divorce, alimony and even "palimony" issues. Consulting a Los Angeles divorce lawyer is crucial if you believe your ex-spouse intends to make unfair demands long after a marriage has ended.

Wall Street Journal: The New Art of Alimony

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" »