February 1, 2010

Evander Holyfield Child Support Challenge

Posted in Celebrity Divorce, Child Support tagged , at 1:27 am by demetriagraves

Recently, Janice Holyfield, the ex-wife of  boxing champion Evander Holyfield, filed papers seeking to obtain nearly $280,000 in past-due child support and interest that Evander was ordered by a judge in Georgia  to pay in October of 2009.

In December of 2009, Holyfield also filed documents against his estranged wife. Holyfield is said to be asking asking Cobb County Superior Court in Georgia to modify his child support payments because his “income has decreased”. Holyfield also mentioned that he has other children “for whom he is responsible to support”.

In 1999, Janice  filed for divorce after she learned that the boxer had fathered a pair of children outside of their two-year- marriage. Janice and Holyfied have one child named Elijah. There are some reports that Holyfield has eleven children in all.

Perhaps now we know why the former heavyweight champion wants to keep fighting at age 45. He’ll have to make some big bucks to support 11 children.

That’s not the least of his financial woes, his $10 million estate in suburban Atlanta was under foreclosure and was auctioned off on the court house steps last year. Plus a Utah consulting company went to court in a federal lawsuit claiming the boxer failed to pay back more than a half million dollars for landscaping.

Holyfield has likely made hundreds of millions of dollars during his 24-year boxing career, including a reported $34 million for his second bout with Tyson in 1997, the infamous “Bite Fight” that ended with Tyson being disqualified for gnawing off a chunk of Holyfield’s ear.

At the time, it was the richest fight in boxing history. But Holyfield’s earning power has been in steep decline since then. He went through a dismal six-fight stretch that produced only one win, prompting the state of New York to strip him of his license after a dismal 2004 loss to Larry Donald.

Resisting calls to retire, Holyfield returned from a nearly two-year layoff to land yet another title shot in October 08. He lost a unanimous decision to Sultan Ibragimov in Moscow for the WBO title, but still insisted that he would keep fighting until he’s the undisputed champion of the Heavyweight Division. Hey – he has a lot of kids to support now.

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New Year’s Divorce Resolution

Posted in Divorce tagged at 1:22 am by demetriagraves

As we start a new year and a new decade, and people start on their new years resolutions, we see the usual increase in gym memberships and a greater number of people starting on diets. Unfortunately for some unhappy couples, new year’s resolutions may include getting a divorce. January tends to be a notorious month for increased divorce filings, both around the U.S. and overseas. This could possibly be due to a bad bout of holiday stress or many may view a new year as a chance to turn over a new leaf and thus this may be a good opportunity for a fresh start. Regardless of the timing, divorce is a common reality for many families. If you have recently filed for divorce in California, or are seriously considering divorce, be sure to get some good advice from an attorney who specializes in family law so that you know the basics.

Many of my clients have asked me to give a quick overview of the main points to know when proceeding with a divorce in California, so here’s the basics.

Residency Requirements

When you contact an experienced family law attorney in California, they will verify that you meet the residency requirements. To be eligible for a divorce in California, one spouse must have lived in the state for at least six months and in the filing county for a minimum of three months.

Filing for Divorce

Your family law attorney will next help you file a Petition for Dissolution of Marriage in your local county court. This document gives information about the duration of your marriage, number of children and includes requests for property division, custody arrangements or spousal support. You will also cite your grounds for the divorce in the petition, which are typically irreconcilable differences in California.

Once your petition is filed, your spouse must be personally served with a copy and a court summons. He or she has 30 days to respond to the petition with his or her conditions or disputes.

Custody Arrangements

As parents, you can agree on a custody plan to present to the court for approval. If this option fails, courts typically try to grant joint legal custody, usually with sole physical custody going to one parent. When this is not in the best interests of the child, one parent may receive sole legal and physical custody.

Visitation and Child Support

No matter what the custody arrangement, California courts encourage parents to maintain frequent and continuing contact with their children. The amount of time each parent spends with a child is a factor the court may consider to determine child support, as well as the income of both parents.

Spousal Support and Property Division

Income is also a key consideration of the court if one spouse qualifies for support. The financial potential of the receiving spouse, earning spouses’ ability to pay, length of the marriage and standard of living are also considerations. When dividing property, California courts use the 50-50 rule, so each spouse gets one-half of all marital property.

Length and Cost of Divorce

It is difficult to estimate the length and cost of a divorce. If you qualify for a summary dissolution, which is a simple divorce, you may only have to pay a filing fee and a judgment could be reached within six months. However, the more contested and complex a divorce is, the more expensive and time consuming it will be. Costs for attorney fees, accountants and other support professionals can add up.

This is just a bare bones look at some of the information you should know if you are contemplating a divorce in California. For further assistance and to answer any questions you may have, contact a local family attorney who has knowledge and experience in divorce matters. I offer a free confidential initial consultation, where you can get all your questions answered that pertain to your particular circumstances.

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