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.


June 23, 2011

Schwarzenegger Pays for Child Support to Shriver

Posted in Celebrity Child Support tagged at 1:34 pm by demetriagraves

Arnold Schwarzenegger may be indestructible as the Terminator, but his estranged wife Maria Shriver is doing major damage to his bank account. Apparently she has demanded and is getting a significant amount child support for two youngest of their four children, even though Maria is independently wealthy. The couple separated after 25 years of marriage last month, after Shriver learned that Arnold had fathered a child with their housekeeper, Mildred “Patty” Baena. Though neither of them has filed for divorce yet.

The 63-year-old actor has agreed to give financial assistance to Shriver for their younger sons Patrick, 17, and Christopher, 13. They also have two daughters Katherine, 21, and Christina, 19. Arnold is also said to be paying for Patrick and Christopher’s private school fees.

Even though Maria is a Kennedy, and has inherited a great deal of money from her parent’s estate since their deaths, she is taking the child support. Under California law, she is entitled to the child support, once either one of them files for divorce.

I’s been rumored that Maria and Arnold’s lawyers have been working on a divorce settlement but in the meantime Arnold is willingly paying the money to Maria. Plus insiders claim Shiver has enlisted the help of forensic accountants to get an accurate view of her estranged spouse’s assets in order to ensure their divorce is fair.

May 11, 2011

Celebrity Suits For Child Support – Starsky & Dupri

Posted in Celebrity Child Support, Child Support tagged , at 8:35 am by demetriagraves

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.

The lawsuit comes at a time when Dupri, who has produced hits for artists including Usher and Mariah Carey and was one of hip-hop’s top earners in 2006, is facing financial troubles. His mansion was up for foreclosure and set to be auctioned last week, but the sale was canceled at the last minute. Plus Dupri apparently owes more than $493,000 in back taxes.

April 7, 2011

Jermaine Jackson Ordered to Pay Back Child Support

Posted in Child Support tagged , at 7:44 pm by demetriagraves

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.

Michael Jackson’s older brother had hoped to have the amount he pays reduced, because he says that he’s not rich like Michael but a judge denied his claim.

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.

February 3, 2011

Halle Berry’s Custody Battle

Posted in Child Support, Custody tagged , , at 11:33 am by demetriagraves

Halle Berry’s ex, underwear model Gabriel Aubry, wants child support and custody of their 2-year-old daughter Nahla. Halle tried to keep her custody dispute with Aubry private but their custody battle went public after Gabriel filed for joint custody and child support last week. In court documents, Gabriel complained that he was unable to see and co-parent his daughter because Halle takes the child with her overseas to visit her boyfriend, French actor Olivier Martinez when he’s not visiting her in Los Angeles.
It’s rumored that Halle is so worried about this latest development that she’s cancelled her film work and appearances to be available to battle him in court. It was thought that they had worked things out between them outside of court after their break up in 2009. But apparently Gabriel has hired lawyers in Canada (where he resides) and the United States to represent him.
Halle, 44, released a statement recently claiming that she has “serious concerns for her daughter’s well-being while in the care of her father for any extended period of time and is prepared to take all necessary steps to protect her.”
Meanwhile Gabriel, 35, is ready to fight and is trying to seek custody of Nahla, who has dual citizenship, because of her Canadian-born father. Gabriel will argue that he can provide Nahla with a much more stable, consistent home life than Halle. He is willing to totally put his career on hold to care for her, whereas Halle is constantly traveling around the world and working on film sets.  Halle is trying to build a case that Gabriel is an unfit father and it’s rumored that she is pushing hard to try to get a hearing at family court before the end of the week – something she has, so far had no joy achieving.



July 1, 2010

Mel Gibson Not Paying Child Support

Posted in Child Support tagged at 1:34 pm by demetriagraves

There’s been much recent speculation about Mel Gibson not paying child support to Oksana Grigorieva for their eight month old daughter Lucia. As usual there are two sides to every story. Grigorieva who is a Russian musician is alleging that the multi-millionaire actor is not paying child support and that she is being forced to live off credit cards and cash from friends because Gibson hasn’t paid her a penny in 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.”

Oksana’s lawyer , Marci Levine has countered that “The statement released on behalf of Mel Gibson is based upon complete distortions of the truth regarding Mr. Gibson’s financial contributions toward the parties’ child and conveniently ignores his obligations to the parties’ child under California law.”

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.

Kolodny says Mel has gone far above and beyond what’s required of him under a support and custody agreement the former couple reached in mediation.

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.