Articles Posted in Spousal Support

Warren Sapp’s soon to be ex-wife has filed papers in court alleging that football star, Warren Sapp, is behind on his child support and spousal support payments. Sapp has denied he is behind on child support but states he may be a litte behind on his spousal support payments.

Sapp’s ex-wife filed legal documents in Florida claiming that Sapp is behind $728,100 in child support and spousal support. It has been reported that Sapp feels his spousal support payments are too high and is likely seeking a downward modification of same.

From an Orange County divorce lawyer’s perspective, if Sapp believes his spousal support payments are too high, why does he not feel his child support payments are too high as well? If you are going to modify spousal support, you can do the same for child support. Afterall, in California, support amounts are based on each parties’ gross monthly income (among other factors) and timeshare with the child if child support is involved.

Marcia Gay Harden has filed for divorce from her husband of 15 years, Thaddaeus Scheel. The couple have 3 minor children together. No further comment has been made aside from the recent filing.

From an Orange County divorce lawyer’s perspective, since the couple were married for 15 years, it is a marriage of long term duration. Unless spousal support is waived, the recipient of spousal support will be entitled to long term support or the court will retain jurisdiction over spousal support until remarriage, death or further order of court. In contrast, if this was a marriage of less than 10 years, the recipient of spousal support would be entitled to receive same for 1/2 of the length of the marriage.

The couple will also have to work out a reasonable child custody and visitation parenting plan for the children considering that there are three minor kids. Once a parenting plan is finalized, child support will need to be determined.

It looks like the Orange County divorce between Kobe Bryant and Vanessa Bryant is well under way.

Perhaps even a divorce settlement has been reached. TMZ is reporting that the parties have already transferred home to each other. Kobe allegedly signed over his community property interest in the former family residence in Newport Coast to Vanessa along with a nearby mansion (where Vanessa’s mother has been living) over to her. In exchange, Vanessa signed over a community property interest in a third Newport Coast home (which is currently under construction) over to Kobe.

From an Orange County divorce lawyer’s perspective, we currently await the outcome of what type of settlement Vanessa will get. After all, the parties did not sign a prenuptual agreement. In addition to financial issues such as coming to a resolution relating to child support and spousal support, the parties will also have to deal with child custody and child visitation issues. If there are outstanding community property assets and debts that have to be resolved, the parties will have to deal with those issues as well.

According to TMZ, Dan Cortese has filed for a Los Angeles County divorce from his wife, Dawn. The parties married back in 1994 and have two minor children together. Further, according to court documents, the couple put their Malibu home on the market back in June of this year.

From an Orange County divorce lawyer’s perspective, the parties here will have to deal with issues relating to spousal support, child support, child custody and child visitation.

Considering the parties were married back in 1994 and if their date of separation was sometime this year in 2011, this would be a marriage of long duration, which means the recipient spouse would be entitled to spousal support for more than 1/2 the length of the marriage and that the court would retain jurisdiction over same.

In an earlier post, I blogged about a Los Angeles County divorce for reality star, Kim Kardashian. Now, there are several reports swirling around stating that her soon to be ex-hsuband, Kris Humphries, is refusing to sign the divorce papers.

How does effect Kardashian’s divorce as a whole? Unfortunately, Humphries cannot refuse to sign documents. California is a no-fault divorce state and if Kardashian wants a divorce, she can get it. If Humphries chooses to not respond to the Petition, Kardashian can still obtain her divorce by filing a default action against him.

From an Orange County divorce lawyer’s perspective, it is to Humphries’ advantage to respond, finish up the divorce expeditiously and move on with his life. Luckily for these two, they do not have children. Otherwise, they would have to deal with potential child custody, child visitation and child support issues.

I guess the rumors swirling around about Ashton Kutcher’s one night stand was true. If you haven’t heard, Sara Leal alleged that she had a one night stand with Ashton on his 6th wedding anniversary to Demi, causing the media to speculate that Demi and Ashton’s marriage was doomed. Indeed, it was announced today that Demi Moore and Ashton Kutcher have decided to divorce after six years of marriage. The couple have no children together.

From an Orange County divorce lawyer’s perspective, at the moment it is unknown whether the couple have a prenuptual agreement to protect their assets. If not, one party will be entitled to obtain spousal support from the other for a duration of one-half of the length of the marriage or 3 years.

Although Demi has three daughters with her ex-husband, Bruce Willis, Demi and Ashton will not have to deal with any Los Angeles County child custody or visitation issues as they do not have any children together.

Last Thursday, Jim Carrey’s daughter, Jane, filed for divorce from her husband, Alex Santana. The couple were only married in November of 2009. The couple have a 20 month old son named Jackson.

Jim Carrey, 49, confirmed his daughter’s separation from her husband of one year in December of 2010. “The couple will remain friends, as well as devoted parents to their [son] Jackson Riley,” his rep, Marleah Leslie, told Us at the time.

From an Orange County divorce lawyer’s perspective, the couple were married for only a short time- a short term marriage. So any spousal support owed should only be for one-half of the length of the marriage.

According to legal documents obtained by TMZ, in a Request for Trial Setting, Melissa Etheridge, 50, and Tammy Lynn Michaels, 36, are fighting over child custody, child visition, child support, spousal support, division of property and attorney’s fees. Looks like the couple have not settled their differences and the matter is getting ready to be set for trial.

From an Orange County divorce lawyer’s perspective, with respect to child custody and visitation issues, the former couple will have to work out an appropriate parenting plan for their twins. Once an appropriate parenting plan is worked out, the next issue to be dealt with is child support. Generally speaking, child support is based on timeshare and gross monthly income of the parties. There are other factors such as interest deductions, mandatory retirement etc. but I won’t get into that here. At any rate, the more time a noncustodial parent visits with the child, the less child support he or she will end up paying. So, it’ll be interesting to see how this case plays out in court.

Another interesting note is that Michaels is requesting spousal support from Etheridge. However, the issue of whether the vows they exchanged back in 2003 will hold muster. Was it a real binding marital ceremony or simply a non-binding commitment ceremony? At either rate, on a permanent spousal support level, Family Code section 4320 factors will likely come into play if the court finds that there was indeed a binding commitment ceremony.

The actress who played, Jackie, on Roseanne, is getting a Los Angeles County divorce from actor-husband, Matt Roth, after 6.5 years of marriage. The couple have been separated since November of 2008. They have three minor children together, Will, 17, Donovan, 11, and Mae, 6. Metcalf is citing irreconcilable differences and Roth is requesting joint legal and joint physical custody of the parties’ children.

From an Orange County divorce lawyer’s perspective, this particular marriage is a marriage of short-term, only 6.5 years of marriage. In terms of spousal support, the recipient spouse, if he/she requests same, will be entitled to spousal support for one-half of the length of the marriage. Additionally, the parties will have to work out a child custody and visitation plan for the three children.

Further, after child custody and visitation is worked out, child support will have to be dealt with as well. Since Roth is requesting joint physcial custody (meaning he will have custody of the children 50% of the time), any child support due to the recipient will be affected by said 50% timeshare, among other factors.

The saga of the McCourt divorce continues. This past July, Frank McCourt filed an Order to Show Cause to reduce his spousal support obligation to Jamie. Prior to said filing, this past May, Superior Court Judge Scott Gordon, ordered Frank to pay $225,000 a month in spousal support and more than $400,000 a month to maintain the parties’ multiple homes.

In the recent Order to Show Cause papers filed in July, Frank claimed that he has paid more than $5.0 million to cover the mortgages of six homes and a condominium over the last year. Additionally, Frank claims that he paid Jamie $2.7 million in temporary spousal support.

Frank also claims that the spousal support payments should be more along the lines within the $5 million he receives annually and either Jamie McCourt should be ordered to pay the mortgages herself or the properties should be sold.