August 11, 2011

Linda Evangelista’s Child Support Demand

Posted in Celebrity Child Support tagged at 2:48 pm by demetriagraves

Super model Linda Evangelista, who once remarked that, she doesn’t get up for less than $10,000 a day, has recently asked a New York court to award her $46,000 a month in child support from her child’s father, Francois Henri-Pinault. Who is the CEO of PPR-SA, a luxury brand corporation and his annual earnings are rumored to be around $5.2 million. The annual total of the child support requested is less than 11% of Pinault’s annual income. While recent events may have put a damper on Evangelista’s earnings, she is reported to be worth $8 million, far from an income level where her child is in danger of becoming a public charge.

However, the child support award will not be based on the wealth of one or both parents. New York law states that in high income cases where parental income exceeds $130,000, as in this case, an award of child support should be based on the child’s actual needs and the amount required for the child to live an appropriate lifestyle. In Brim v. Combs, the Appellate Division held the Family Court erred in basing a child support award in part on the amount of support the father, Sean “Puffy” Combs, was paying for another child from a different woman, and not on evidence of the child’s expenses, resources and needs. The court used the custodial parent’s testimony and net worth statement as evidence of the child’s actual needs.

Apparently, the majority of the $46,000 a month in child support would cover a 24-hour nanny and personal drivers for the child. In this case, a 24-hour nanny for a child whose mother has a career like Evangelista’s may be viewed as reasonable by a court. And while the request of personal drivers for a child may appear excessive and unreasonable to most, a judge may think they are necessary for the child’s lifestyle.

Pinault is the husband of Oscar-nominated actress, producer and director Salma Hayek. Could Evangelista seek contribution to the child support payment from Pinault’s wife? In New York, the courts generally will not look to the spouse of the non-custodial parent for child support unless the parent is hiding assets, makes claims of indebtedness or becomes voluntarily unemployed or underemployed to evade child support payments.

Since child support payments, under New York law, are retroactive to the date of the support application, Pinault will be obligated to pay from the application’s filing date. New York law is clear: child support awards should be based on a child’s actual needs. Will the Family Court order Pinault to pay $46,000 a month in child support to Evangelista? We’ll have to wait and see.

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