Earlier this week, we reported that Daniel “Booby” Gibson, was requesting full custody and spousal support from his estranged wife Keshia Cole. As you can imagine the internet did not approve of the request. Not only because the two seemed to have a healthy co-parenting relationship but also because as a former NBA player, Gibson doesn’t need any of Keshia’s money…or he shouldn’t, anyway. This idea that a spouse that earns more money should not in any way ask the other spouse to pay their share of spousal support is very interesting. As an ex NBA player he should not be banned from requesting from Keshi Cole that she pay Spousal support. The law is gender neutral and in order to respect the law The Court must take into all accounts the income and need of both parties as part of the divorce proceedings.
When the news hit the internet, folks felt a way.
Mr. Gibson wishes to clarify that he is not actively seeking spousal support and full custody. Mr. Gibson submitted a full settlement proposal to Ms. Cole some time ago, which excludes spousal support and includes a shared custodial plan for their son. The document in question (i.e. Mr. Gibson’s Response to the Petition for Dissolution of Marriage) is what we in the family law sector call inclusive. Mr Gibson is actually being very clear and fair in his response to people who think he is asking for too much from Keshia Cole. Often in attempting to settle a divorce proceeding such as Gibsons and Kesha Cole’s the attorney will attempt to offer through a letter a global settlement of the case. Sometimes, if one party gives more on one area of the divorce such as custody or child support the other party
This means that a party will always file or respond in a way that gives them the best possible outcome in the event the can goes to trial, as it is much more difficult, time-consuming, and costly for the client to go back and amend a filing to ask for something that was not originally requested. Attorneys who are well-versed in Family Law are aware of this and almost always counsel their clients to file as such with the full understanding that a resolution is typically reached that is acceptable to both parties, particularly in a case like this, where the parties are on amicable terms. This is exactly true as on the petition or response to a divorce the parties usually make their requests which do not necessarily mean what they will settle the case for.
It is regretful that this document has been publicized and is now subject to scrutiny by individuals unfamiliar with standard family law practices. Mr. Gibson hopes to resolve this matter with Ms. Cole as soon as possible in a way that will allow them to move forward amicably and continue their cooperative co-parenting efforts.”