Articles Posted in Child Support

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In June, Kentucky will become the first state to require a presumption of equally shared parenting in child-custody cases even when one or more parents is opposed. While it’s common for states to prefer joint custody when both parents are amenable, Kentucky’s presumption will apply even without divorcing parents on board. This is a major breakthrough in developing a parenting plan that is often difficult and expensive to come by in family law Courts in California and across the United  States.

Kentucky Gov. Matt Bevin signed the measure in April, declaring that judges must presume “that joint custody and equally shared parenting time is in the best interest of the child” in almost all divorce cases. Last year, Kentucky required the same presumption for temporary child-custody cases while divorce is pending. Again, for a state to implement such a broad and powerful message to family law courts across America and Kentucky is quite outstanding.  Custody is often so tumultuous to fight in court that to add a presumption of 50/50 without any fighting in court is really setting a different type of  family law custody standard now.

Exceptions exist for situations “involving an incident of domestic violence within the preceding three years” or where “there has been a domestic violence order entered” or being entered. Obviously when there is violence the joint  custody presumption must be sidelined in order to keep the child safe from any potential violence or abuse.

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Dennis Quaid is divorced again and this time he has to divide much more than he did with his prior famous wife Meghan Ryan .  This new wife is no famous nor did she have the income that his prior famous wife had.  Apparently there is as lot of property and children to divide and since he is the bread winner he will have to fork up way more money to her than she to him.  When you are a movie star you make movies and wives or husbands that are married or famous celebrity movie stars can make a very good investment for their future.

A movie is like putting money way in the bank for the celebrities and their exes.  Because movies have something called residuals.  Residuals pay out into the future and are determined by how well the movie does in future years.  So if a party was married for a number of years to their movie star spouse and then divorce they can claim residuals for the movies that were made during the life of the marriage.  Its pretty cool I would say.  So Kimberly Quaid will be receiving a portion of Dennis Quaid’s residuals for her entire life as long as the movie that was made during her marriage makes money down the road.

As many of you remember Dennis Quaid had a pair of twins boys who are 10 years old.  The boys were the subject of lawsuit against Cedar Sinai Hospital when they were born because the hospital accidentally gave them Heparin and they almost died.  Apparently the couple will share joint custody of the boys.  There are two types of custody the family court recognizes.   Legal custody is where both parents will decide the best schools and medical care for the child.  physical custody is how the time share will be distributed. Dennis Quaid is said to have gotten 25% of the timeshare and Kimberly Quaid got 75%.

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Blac China and Robert Kardashian broke up in July of 2017 after a tumultuous relationship.  Blac Chyna went to Court and got a Domestic violence restraining order against the father of her child. But their battle is far from over. While the mother-of-two was ready to go to war with her ex after he posted nude photos of her online without her permission, little did she and her lawyer Lisa Bloom know that the reclusive star had his counter-attack ready! And his youngest sister Kylie Jenner made sure to have his back as well. At the domestic violence hearing the couple entered into a child support and child custody order and avoid further domestic violence litigation in family law court.

What Robert Kardashian has decided to do is take his case outside of the criminal and or family law setting and used the civil litigation path to attack and financially go after Blac Chyna the the mother of his child Dream. The sneaky thing about the lawsuit Robert Kardashian filed is it will have nothing to do about family law matters such as child custody, child support and domestic violence.  It will only go after financial compensation.  Also a civil lawsuit can  go on much longer than a child custody and child support case.   If it cannot settle then the case will be set for a trial.  It can be set for a jury trial and have 12 people decide the damages.  Therefore, Blac Chyna could be in for a long drawn out process she thought was over after they settled their child custody and child support disputes in family law court. In family law Court there is not such thing as a jury trial only in a civil litigation setting can a jury trial be done.  In family law there is only a judge by trial case.  No Jury.

Rob must have seen their demise coming, because according to their complaint, he documented an incident back in December 2016 when Chyna allegedly abused him while “extremely intoxicated on drugs and alcohol.” She allegedly took one of his guns and was “carelessly playing” with it “unaware if the gun was loaded or if the safety was on,” the complaint states, according to People. It didn’t end there. Rob also claims she tried to choke him later that evening, using not her hands, but an iPhone cord, and he “suffered injuries to his neck.” Chyna wasn’t done; she then chased him and “repeatedly struck him in the head and face.” After Rob ended up outside the home, he attempted to escape in his Bentley, according to the complaint, which caused her to throw “a nearby chair at Rob’s car causing damage to the vehicle and also used a metal rod to injure Rob.” But Chyna did not just take her anger out on Rob. She also destroyed Kylie’s home, which is where the alleged violence took place. Rob claims she owes $100,000 for “damaging a television, breaking down a door, damaging the walls, destroying cells phones and smashing a gingerbread house that was made for the holidays.”

 

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Rob Kardashian has agreed to pay $20,000 a month in child support, ending a vicious custody battle with his former fiancée, Blac Chyna.

As part of the agreement, Chyna dropped her domestic violence allegations against the reality TV star

The pair had announced their engagement and pregnancy in May 2016, then split a month later. A month after the baby was born in November, Kardashian wrote in an Instagram post that Chyna had taken the baby and left his home.

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One of the most important aspects of the divorce process is tax planning, yet it is possibly one of the least understood. Taxation issues are an essential aspect of most divorce cases and must be carefully handled prior to the dissolution of the marriage. Indeed, tax issues can determine certain aspects of the litigation. For instance, where one spouse earns substantially less than the other, various tax strategies can be used to legally shift income from the higher-earning spouse to the lower-earning spouse.

All of the available tax strategies are too numerous to reference and may change due to the needs of the parties, the complexities of the case or with new tax regulations and revenue rulings. When you’ve got a business to run and teams to lead, something life-altering like a divorce, can take a lot of time and due diligence. So here’s a non-exhaustive review of the basic taxation rules you should know about in matrimonial litigation.

Child Support And The Dependency Exemption

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Flip or Flop’ stars’ marriage flops

The reality show couple is on their way to officially parting ways.

“Flip or Flop” star Christina El Moussa filed for divorce from her estranged co-star husband Tarek six months after announcing their separation.

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David Ayer — the guy who wrote “Training Day,” “S.W.A.T.” and a bunch of other action thrillers and also directed “Suicide Squad” — wants out of his 14-year marriage. He is getting a divorce. A long term marriage and a high income earner are not good signs for a spouse after a long term marriage.  California often rewards low income earners in long term divorces.  David Ayer apparently earned millions with all of his films he wrote. These films were apparently box office successes.

Ayer collaborated on the screenplay for The Fast and the Furious in 2001. Ayer wrote the screenplay for crime drama Dark Blue, and it was his research into the Los Angeles Police Department that led to his most prominent screenplay, Training Day.  Training go Denzel Washington an Acadamy Award and also gave great notoriety to David Ayer.  Obviously with notoriety and fame comes money and this of course will be used agasint Ayer in his divorce with his soon to be ex wife of 14 years. Ayer signed a contract to write a screenplay for S.W.A.T., which was based on his original story pitch. The film was directed by Clark Johnson and released in 2003.

David filed for divorce Wednesday in L.A., citing irreconcilable differences. He married Mireya on September 26, 2002 and lists the date of separation as July 29.

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Danielle Bregnoli’s dad says his estranged daughter is such a big shot making loads of dough he shouldn’t have to pay child support anymore. Normally when assessing the child support obligation of a parent we would need to look at the financials of both parents in order  to properly address the need and ability of the parents to pay or receive child support. The  question in this case involves the income of the child.

 In California the legislature has made it clear as to how child support will be determined .  Under Fam.C. § 3900 state legislature states it is the general obligation of both parents to support their minor children “in the manner suitable to the child’s circumstances.”
This general obligation is also reflected in a statement of legislative intent regarding application of the “statewide uniform child support guideline”  In implementing the guideline, courts “shall adhere” to the principles that  “[a] parent’s first and principal obligation is to support his or her minor children according to the parent’s circumstances and station in life”;and  “[b]oth parents are mutually responsible for the support of their children.” under [Fam.C. § 4053(a) & (b);
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Paul Anka did it his way — and now he has sole custody of his son Ethan, 11. For a father to retain custody of a minor child against a mother who is much younger is very different.  Paul Anka is a 75 year old musician who is well known for his songs. A Ventura superior family law Court awarded Anka sole physical custody of his minor child. 
His ex-wife, former Miss Sweden Anna Åberg, is barred from having any contact with their boy. This Court order denying any contact is very extreme and must have been ordered soley on the basis that the Judge in the family law court felt she was violating his court orders.

It’s the greatest day of my life. This was all about protecting Ethan. The system has worked,” Anka — the 75-year-old musician who wrote one of Frank Sinatra’s biggest hits, “My Way” — told me.

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Bethany Frankel the infamous Real Housewife of New York drama continues post divorce and four years later.  She and her ex husband Jason Hoppy are at it again.  This time they are in retraining order Court.  As domestic violence accusations and charges still looms against Hoppy. Not sure who is at fault if Frankel cannot stay out of the spotlight.  Frankel still claims Hoppy is stalking her four years after the divorce.  Hoppy claims this is BS and has filed a motion to dismiss his case.  It is quite common with divorced couples to fight it out after the divorce is over.  It is called postjudgment fighting.  Often with children involved who are still minors and money that is still unresolved as in child support or spousal support fighting continues. Also if there is community property that still needs to be divided or named for as in is it separate property or community property divorced couples continues arguing years after the divorce is finalized.

A year post divorce Frankel and Hoppy have restarted their battle. Jason Hoppy was arrested for stalking and harassing Betheny Frankel.  These allegations appear to be serious and criminal in nature.

“A spokesperson for the New York District Attorney’s Office tells PEOPLE that Hoppy was arraigned on additional charges, including one count of stalking in the third degree, another count of stalking in the fourth degree and some additional conduct. The case was adjourned to Aug. 8 for a decision on motions.”  Hoppy is filing motions to dismiss based on the insufficiency of the evidence. These are common motions to be filed in cases such as his. 

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