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Articles Posted in Child Support

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.

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.

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);

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.

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. 

Mel B “Scary Spice” of the Spice Girls is getting a divorce.  She and her husband Stephen Belafonte separated last year in 2016.  Apparently she alleged that the marriage was toxic.  And from the tabloid coverage of the divorce proceedings it seems that they did have a quite volatile relationship.  Her musical career had a lot of great music and was quite harmonious, however, her personal life with Belafonte was full of dangerous issues that were anything like her music. Her bandmates had heard from her behind the scenes and told her she must free herself from the abuse she alleged to have undergone from Belafonte. Scary Spice recently suffered from the death of her father.  After his death she became introspective about her life.  Mel B apparently suffered from years of abuse.  Belafonte was allegedly abusive and controlling.  Police were called to her house on allegations of false imprisonment. meaning she was not free to leave her house in fear of violence or injury.

Mel B had previously been involved in bisexual relationships and had been planning the divorce for two years. She had attempted to split from Belafonte several times.  She would succeed in breaking up temporarily and then would somehow feel lured back into the relationship.  However, finally she decided to file for divorce in Los Angeles citing irreconcilable differences.  She shares a child with Belafonte named Madison Brown Belafonte.

Belafonte had admitted to battering his prior girlfriend Nicole Contreras. Mel B continued to make positive statements about Belafonte while she was filing for divorce which created confusion about her true intentions. In addition, she had a interesting past because had a fling with Eddie Murphy which produced her first child.

Janet Jackson is going through a child custody battle and a divorce battle with Wissam Al Mana who is from Qatar and is a Billionaire who invests internationally in all sorts of things.  Recently they were seen in the Royal Courts in London after a court hearing on Custody.  It would seem she is involved in a hotly contested international child custody dispute. The couple had split in April after Janet had given birth to their daughter in January, Elissa.

In the Divorce proceedings word has gotten out that Janet will receive a sizable settlement payment from Al Mana around $200,000.  And she will remain in London to raise the child.  Janet is worth $150,000 so already has a lot of money and now will seek to increase her already wealthy amount of money.  This turn out to be an interstate child custody dispute and also an international divorce.  However, it appears the couple have settled on the London Courts to serve as the jurisdiction to hear the Divorce and custody matters.  The child Elissa was born in London so England would be her home country.  However, since Janet is also a US citizen she could also one day decide to head back to the US to live.  Likewise Al Mana is from Qatar and could also want at some time to take his child to visit or live in Qatar.  But for right now it seems that the parents have somewhat resided to the fact that London will be Elissa’s home.

Janet is talks to be part of a netflix 10 part documentaries about her life after her divorce from Al Mana.  This could net her a significant some of money which might effect the settlement of the divorce.  In California the courts look to the standard of living for the spouses post separation.  So the London Courts will probably do the same.

Wynn v Craven is a Georgia Supreme Court case involving the collection of Child Support arrearages.  The mother Helen Wynn sought $72,000 in unpaid child support against Robert Craven, the father.  The father Mr. Craven was ordered to pay 20% of his income or a minimum of $100 per week.  By 2014 the mother was owed $72,000 in arrears after a total of 15 years of unpaid child support.  She had had on several occasssions written Mr. Craven the father and demanded payment of unpaid child support.  He often did make payments throughout the years however, he never paid enough to forgive his total amount of arrearages owed.  Mother filed a contempt lawsuit in 2014 claiming there was past due arrearages for child support.  The Father Mr. Craven in turn responded with the affirmative defense of laches.  The trial court held that because mother accepted an amount of $100 per month for a period of years she therefore acquiesced her chances to file a contempt action against the father giving up her right to the full amount of child support arrearages owed.

She then filed an appeal claiming that the trial Court erred in deciding the way they did. She argued that to allow the defense of laches basically lets the father get away without paying child support.  The appellate Court agreed.  The father alleges that there was a base of $100 of that needed to be paid and he did pay it.  However, the appellate Court ruled that the child support order also stated he was to pay 20% percent of his income which he did not pay.  Father also argued that there was a delay of 15 years before she filed her claim for arrearages.

Laches can be asserted only when it would be inequitable for a party to enforce their legal rights.  The appellate Court ruled that child support cannot be waived by inaction.  That Mom was asserted the rights of her child not her legal rights.

It finally has happened.   I guess some would say the inevitable.  But Ben Affleck and Jennifer Garner have finally called it quits after what appeared to be an on again off again relationship.  Jennifer Garner filed a Petition for Divorce.  She did not put an attorney on the Petition for Divorce which is unusual for a high profile couple.  Jennifer Garner and Ben affleck filed a Joint Petition for Divorce and both are seeking joint physical and legal custody of the three minor children. The couple separated June 30, 2015 almost two years ago.  It appeared from the public’s eye that the couple was trying to work things out for the children’s sake.

There is a big issue yet to be determined and that is spousal support.  Apparently Ben Affleck made much more money during the marriage than Jennifer Garner.  Therefore he will be obligated to pay Jennifer Garner either a lumps sum spousal support payment or monthly payments for a period of time yet to be determined.  In California a marriage over 10 years will garner life time spousal support payable by one spouse to the other.  In the case of Jennifer Garner and Ben Affleck there marriage was over 10 years so Jennifer Garner might be in for a substantial financial reward depending how she negotiates the divorce.

It also has been stated that she and Ben filed as their own lawyers which often takes away alot of animosity and litigation that having lawyers might cause. However, in the case of Ben and Jennifer they have approached the Divorce amicably and by filing as their own lawyers they are keeping up this amicable and calm approach to their divorce.  In addition, what is important to them has always been their children.  By both requesting joint legal and joint physical custody they both are invested in the best interest of their children.

It is a common question that occurs in Family Courts all across the county.  When does the obligation to pay child support end.  In the new Georgia Supreme Court Family Law case the court reviewed that issue.  The parties entered into a divorce settlement agreement determining the terms of the child support obligation of the Father.  It stated that he would continue to pay the child support of the minor child while she was in high school.  This type of language agreeming to terms of Child support is an acceptable form of settlement for Divorce proceedings.  It is not void unless it violates public policy such as terminating someones obligation to pay child support.

In this Georgia case there would be certain conditions to be met in order that father continue to pay child support for his child. Normally child support ends upon the child either graduating high school and if they continue to be in high school upon turning 19.  If they graduated high school and have not turned 18 then the child support obligation will terminate when child turns 18.  However, in this Georgia case the wife argued that the husband was in contempt because the adult daughter was still in high school

The duty of support imposed by Section 3901 explains the law in California which the Courts use to determine the termination of the obligation to pay child support. The law states it will terminate to an unmarried child who has attained the age of 18 years, is a full-time high school student, and who is not self-supporting, until the time the child completes the 12th grade or attains the age of 19 years, whichever occurs first.

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