May 11, 2011
Celebrity Suits For Child Support – Starsky & Dupri
One of the stars of ‘Starsky and Hutch’, Paul Michael Glaser is facing legal action from his ex-wife after allegedly failing to make child support payments.
The now 69-year-old actor, who played Detective David Starsky in the classic 1970s cop series, is being sued by his former wife Tracy Barone, who has accused him of owing $3,224 in child support payments and $13,000 in spousal support, according to legal documents filed in L.A. County Superior Court.
Glaser and Barone, divorced in 2007 citing “irreconcilable differences”, are parents to a 13-year-old daughter named Zoe.
Also in the news this week is Grammy award winning producer, Jermaine Dupri is being sued by Sarai Jones, over missed child-support payments that a judge recently ordered him to pay her. After a paternity test in March, a Fulton County Superior Court Judge ordered Dupri to pay $2,500 a month and an additional $7,500 to Jones after the test proved that he was the father to Jones’ seven-month-old daughter.
April 7, 2011
Jermaine Jackson Ordered to Pay Back Child Support
Jermaine Jackson has been ordered to hand over $80,000 in missed child support payments, although he says he’s too poor to pay. Jermaine, 56, appeared in a Los Angeles courtroom recently battling ex-wife Alejandra Jackson over his $3,000 a month support payments for their two children, Jaafar and Jermajesty Jackson.
The court has laid down the law as far as payments go. Jackson must submit a $5,000 cashiers check immediately and another $15,000 in the next few days, $20,000 by mid-April and the final $40,000 by May 13.
It appears to be highly doubtful that Jackson can come up with the money which may leave the court with its only option, jailing him. He has already had his driver’s license pulled until the first check is submitted.Because the singer and dancer is so far behind in his payments, his California driver’s license was recently revoked, but it will be reinstated if he makes the minimum payment of $5,000 immediately.
His ex-wife, Alejandra, has been living at the Jackson family compound for the last 18 years and is currently in a legal battle with the family who wants her to move out.
Jermaine doesn’t believe he should have to make the payments, since his ex-wife has been living rent free at the Jackson family compound in Encino, California, for years.
March 31, 2011
More Things a Non-Custodial Parent Should Know
A common question I’m asked as a family law attorney is regarding the rights of a non-custodial parent who is paying child support. What are the rights of the noncustodial parent who believes that the money he or she is paying is not actually supporting the child but is perhaps padding the pockets of the custodial parent? What recourse does that parent have, and what happens if he or she does not obey a court order to pay?
Because U.S. child support laws are state-specific, this article is intended to give you a general idea of what to do and what to expect if you have one of these questions. For specific guidance on your rights and obligations, please check with a family law attorney or child support enforcement agency in your jurisdiction.
Here are ten things to know:
1. WHAT CAN I DO IF I THINK I AM NOT THE PARENT?
If you have been served with a complaint or petition for child support and you believe that you are not the child’s parent, you have a right to request a blood or DNA test. It is important that you request a blood or DNA test immediately. Should you fail to do so, you could still be liable to pay child support. If the test results are negative, the court will dismiss any case against you.
2. THE SHERIFF HAS PERSONALLY DELIVERED A SUMMONS AND COMPLAINT TO MY HOME. I AM BEING SUED FOR CHILD SUPPORT, WHAT CAN I DO?
You or your attorney must answer the complaint for child support within the specified time period for answering the complaint. Failure to do so could result in a default judgment against you. If a default judgment is awarded against you, you could be responsible for paying support even though paternity has not been established. In some jurisdictions, failure to answer the complaint automatically establishes you as the parent.
3. I HAVE BEEN PAYING CHILD SUPPORT FOR YEARS BUT HAVE DISCOVERED THAT THE CHILD IS NOT MINE, WHAT SHOULD I DO?
Unfortunately, if you have been paying child support for a child that turns out not to be yours, you may still be obligated to pay child support. Although controversial in nature, in these cases the courts in every jurisdiction will recognize the child’s interest over that of the non-biological father. In almost every jurisdiction the courts recognize the child as the victim not the non-biological father. In doing so, the courts have coined the legal term “Parentage by Estoppel.” This means that because you took on the duty to provide support to a child for so long, it would be unfair to the child for you to eliminate payments altogether. Because courts must ask the question, “What is in the best interest of the child?” the courts believe that the father must continue to pay child support so as not to interrupt financial assistance to the child. This does not mean that you can never stop making support payments. The courts vary in each state as to how they treat this issue based upon the facts. This is why it is so important to challenge paternity early in the process even if only the slightest chance exists that you may not be the father. If you believe that this situation may apply to you, it is imperative that you consult an attorney.
4. I HAVE NO INTENTION OF PAYING CHILD SUPPORT; WHAT IS THE WORSE THAT CAN HAPPEN?
Failure to pay child support is a crime under federal law (Child Support Recovery Act of 1992). You can be prosecuted for any willful failure to pay under a support order where there is evidence that you had the financial means to pay and failed to do so. You can be prosecuted if you are more than $5,000 in arrears and have failed to pay support for more than one year. Failure to pay child support could result in suspension of your driver’s license, loss of your security clearance (for government jobs), loss of your job, and it could make it harder for you to obtain a new job. It could also make it harder for you to obtain licensure to continue your career (e.g., license to practice law).
5. I AM BEHIND IN MY CHILD SUPPORT PAYMENTS, WHAT IS THE WORSE THAT CAN HAPPEN?
You will be held in contempt of court. A warrant for your arrest could be provided to law enforcement, and this could lead to your being prosecuted under the Child Support Recovery Act of 1992, which could lead to jail time. The court could also grant the custodial parent the rights to seize your real or personal property and/or garnish your wages.
6. I AM MAKING MY SUPPORT PAYMENTS BUT I HAVE REASON TO BELIEVE THAT THE MONEY IS NOT BEING USED FOR MY CHILD, WHAT CAN I DO?
As a parent, you have every right to ensure that the financial assistance that you provide is in fact being used for your child’s care. If you have reason to believe that the custodial parent is taking advantage of you by misapplying support funds, you or your attorney have the right to petition the court for an accurate accounting of the funds and how they are being applied. Nevertheless, you have the burden of proving that the custodial parent is misapplying your support payments.
7. I HAVE OTHER KIDS TO SUPPORT, HOW MUCH CHILD SUPPORT DO I HAVE TO PAY FOR THIS ONE?
Your monthly support obligation will always take into account the children that you are actively supporting. Your state’s child support guidelines will likely reduce your monthly support payments if you can prove that you actively support other children. If you are already making child support payments under a previous support order and have been sued again for child support by another parent, you may seek a modification of your existing child support order from the court.
8. I LOST MY JOB. DO I STILL HAVE TO PAY CHILD SUPPORT? WHAT CAN I DO?
Once parentage has been established, you will always be liable for child support. But if you are unable to pay child support because you lost your job, you must make the court aware of your material change in circumstances. The court will reassess your situation on the basis of evidence you provide that illustrates that you are unable to pay. You or your attorney can file a motion to modify existing support obligations. However, if you are entitled to unemployment insurance compensation, the custodial parent has a right to tap into a limited percentage of those funds.
9. HOW IS THE AMOUNT OF CHILD SUPPORT I HAVE TO PAY DETERMINED?
The amount of child support you pay is determined by guidelines developed and followed by your state. The guidelines take into account, among other things, your net monthly income, the number of kids you actively support, and your monthly expenses. The guidelines provide the court with a way to accurately assess what you should be able to pay on a monthly basis. Your support order is based primarily on these guidelines. Should your monthly expenses and income change, the court will reassess what you are able to pay once it becomes aware of your material change in circumstances.
10. I INTEND TO LEAVE THE COUNTRY, AM I STILL OBLIGATED TO PAY CHILD SUPPORT?
You are still obligated to pay child support because most countries have reciprocity agreements with the United States. These agreements allow you to be sued for child support even though that you are no longer living in the United States.
February 17, 2011
Brooke Mueller’s Child Support To Match Charlie Sheen’s Ex
Brooke Mueller and Charlie Sheen’s marriage is over and Brooke is now the third ex-wife to the troubled “Two And A Half Men” actor but Brooke won’t be walking away empty handed. Brooke Mueller’s divorce settlement will include; $55,000 a month in child support for their twin sons, Bob and Max.
In addition to child support, Mueller will receive half of the residuals and royalties from Getty Images Baby Photos, a 2009 Mercedes S600, a lump sum of $757,689.70 and about $1.2 million for her share of their home, which Sheen will keep.
There are rumors of a dime war and that Brooke made sure that under no circumstances the child support paid by Charlie for Bob and Max be less than the child support paid by Charlie to Denise Richards for Sam and Lola.
Charlie and Brooke will get joint custody of the twins, though Brooke will get primary physical custody. Under Californian law, a divorce decree isn’t granted until six months after papers are filed, meaning it will not be complete until May 2. Though I’m sure that Charlie regards himself as officially single again. I wonder who will be wife number four?
February 3, 2011
Halle Berry’s Custody Battle
October 7, 2010
Mel to Pay More
Here’s the latest news in Mel Gibson’s child support battle with Oksana Grigorieva. Recently a judge has ordered Mel Gibson to boost his child support payments to Oksana Grigorieva to $20,000 a month from the $5,000 he’s been paying his ex-girlfriend. This is a $15,000 per month increase.
According to one of Grigorieva’s attorneys, Daniel Horowitz, “Everything in Hollywood is to excess. Mel Gibson is worth upwards of $1 billion. It’s a very modest award by Hollywood standards and a very high award by normal people standards.”
Mel Gibson’s divorce from Robyn Gibson, his wife of almost 30 years, with whom he had eight children, is not yet final, though there are reports that indicate a settlement might be near. Robyn filed for divorce in April 2009.
October 1, 2010
Tips for Custodial Parents
August 27, 2010
Child Support – Why you need an attorney
Child support is one of those contentious issues that parents often disagree on. Firstly, what is child support? Child support is some form of assistance, often financial, which is paid by the non-custodial parent to the parent who has custody of the children. The state recognizes the importance of parents providing for their children, whether separated or divorced.
It is unfortunate that many parents do not fulfill their financial obligations to their children. There are several ways that a custodial parent can get the necessary support for their children. There are a number of people who try to go through their local government or the state to gain support for their children, which is often not the most effective method. Each state has its own requirements for the payment of support and each state maintains its own procedures for debt collection. Since there are many different methods that are adopted by governments for child support amounts, custodial parents are often confused about the process and sometimes do not know when or if they are paid. This whole process can be very confusing and frustrating for the parent with custody. For this reason, seeking the advice of a family law attorney is your best course of action.
There are a variety of reasons why employing the services of a family law attorney may be advantageous. An attorney has the legal capacity and resources to ensure that the custodial parent is receiving the support they deserve. In contrast to the handling of a state agency, an attorney will work on behalf of a person for financial support required is paid. A family law attorney may need to pursue a number of avenues to get payment of support. Any parent who has difficulty in obtaining the necessary support should always contact a competent family law attorney to get advice on available support options.
Most people find that when they use an attorney they’ll get fast, effective results in the receipt of past and current support for their children. If you are unsure of what your right and or obligations are regarding child support, please don’t hesitate to contact me. I offer a free initial consultation where you can get all your questions answered.
July 1, 2010
Mel Gibson Not Paying Child Support
Meanwhile, Mel Gibson’s lawyer Stephen Kolodney has stated that Mel has opened up his wallet for Oksana, putting her up in a multi-million dollar house, buying her a car, providing health insurance and giving her “tens of thousands of dollars to support her and Lucia over the past months.”
Levine hasn’t specifically said how Mel has fallen short, but those connected with Oksana claim the actor has not paid child support since the couple split.
But now, Kolodny claims Oksana has violated the agreement by refusing to let Mel see their daughter on Father’s Day, Mel is only going to pay Oksana what they agreed to in mediation and not a penny more.
Kolodny wouldn’t say how much Oksana is legally entitled to under mediation, but there is speculation that it’s well over $10,000 a month.
The latest in this continuing drama is claims and counter-claims regarding restraining orders. According to some reports Gibson filed a restraining order against Grigorieva but perhaps this was a mix-up as it appears that Grigorieva has filed a restraining order against Gibson which has been filed in Los Angeles Superior Court and will be heard by a judge sitting in-camera within the next week.
While all this public bickering is good for the tabloids, unfortunately this is an all to common scenario that I deal with as a family law attorney every day. I like to focus on getting agreements in place rapidly to prevent long and drawn out battles. If you have a family issue that you need some help with, please don’t hesitate to contact me for a free initial consultation where you can get all your questions answered. As for Mel and Oksana hopefully their attorneys will guide them to an equitable resolution as soon as possible.