June 25, 2009
Jon and Kate Plus 8 Divorce and Child Support
After many months of speculation, it’s official. Jon and Kate Gosselin are headed for divorce court. What’s extremely sad is there are EIGHT children in the middle of this controversy, and the parents continue to air their personal troubles for the world to see! What’s even more disturbing is that Jon and Kate wish to continue their show right up to their divorce….
They recently stated on the show, “It’s just not good for us to be arguing in front of our kids and we just; if we can’t be cordial with one another then we decide to separate.” Kate then states that she is not very fond of the idea but says she “knows it’s necessary because my goal is peace for the kids and um, if peace needs to be brought about by this then I’m in agreement.” Kate then went on to explain that the kids will remain living in their house, meaning the house and grounds belong to the kids.
According to their separation agreement terms, Kate and Jon will take turns staying at the kids’ house when they each have their visitation. Jon agreed in the interview that the kids would be best protected and feel more secure by living at the house.
So several clients have asked me, if this separation is real, will either party be required to pay any form of child support for the eight children? And the answer is…. IT DEPENDS. As mentioned above, the children will continue to reside in the home and the parents will take time living in the residence, which tends to make the adjustment for the children a little easier in a divorce proceeding.
In terms of Child Support, for example, if Jon is earning more money than Kate, and Kate is spending more time with the children, it is quite possible that he will be required to pay child support. However, if they are “sharing” custody of the children, and they both earn similar incomes, a child support obligation may not exist. Also, they might mutually agree to forego child support – that’s also a possibility.
Considering they both earn something from their reality show – probably similar earnings – any child support obligation one could have to the other will be minimal.
Whatever is done in the dissolution (divorce process) or with child support, hopefully the children will have a smooth transition…
June 9, 2009
Child Support Payments Can Vary Greatly
Question of the Week: I have two children from two different relationships and I am paying $200 for the first child and $560 for the second. How is this possible? If one judge decided the amount that I can afford is $200, the other one shouldn’t have set a payment of $560. Can I ask for a modification of the second, more expensive order?
To answer both questions, yes it is common to have different amounts set by different judges at different times. And yes, you can ask for a change in the order in which you pay $560.00. Generally speaking, with any changed circumstances you can always modify your child support order.
However, I have listed some factors to consider before seeking a modification of the larger support amount:
1. If you are earning more money now than when the first order was made, or if the opposing parent is not working or making less money, your obligation can potentially increase and not decrease.
2. Additionally, the amount of time that you spend with the child also makes a difference in terms of how much money you will pay. So if you are spending less time with the second child, or if the other parent will say in court that you are spending less time than you originally agreed, you run the risk of paying more support than receiving a reduction.
3. Changes in the other parent’s income will impact the payment amount. Also, because our child support system is a tax based system, payments on a new mortgage payment will decrease your tax liability and increase your cash flow. So if you are now making interest payments on an mortgage, your child support obligation could increase!
So if one child is receiving more then the other child, then that is something that the court will take into consideration. It is possible that you might be able to secure a reduction. But it is unlikely that you’ll get the higher payment down $200, so your ‘savings’ are not going to be much. And it is possible that the judge may increase it!
It is really be important to discuss support payments with an attorney to see if a reduction attempt is going to be worthwhile.
By the way, it is likely that the first support payment amount of $200 is far lower than the court would now set – if the other party asked for a review. Be very happy that your exs don’t talk.
June 4, 2009
Child Support Lottery and Keanu Reeves
Canadian Karen Sala is seeking millions of dollars in retroactive child support for her four grown children. She claims Keanu Reeves is the father of her offspring which is a claim a spokesperson for the actor says is false. Sala states that she has attempted to privately resolve this issue, without any resolution. She is now looking to the courts to assist her in this matter. It is reported that the first hearing will take place on July 6th, 2009.
“I’m pissed,” Sala says, “I just want him to stand up and be a man.”
The mother of four children aged between 20-25 years says that she is seeking the support to help with the cost of universities and provide “closure” for the kids. This is particularly interesting because in California child support ends at age 18 (19 if the child is still attending high school). Additionally, California law limits claims to “back child support” only as far back as the original filing date of her action.
In her lawsuit she has asked for a DNA sample from the famous actor, as well as child support of $150,000 per month, retroactive to June 1988, plus $3 million per month in spousal support back to November 2006! Obviously neither she nor her attorney have done the math on this claim as this probably exceeds Reeves total net worth by a factor of two.
A spokesperson for Reeves said in a statement, “Karen Sala’s allegations are completely false and absurd. Mr. Reeves has no knowledge of who she is.”
And he should know given that he was supposedly having an affair with Sala over a period of 5 years that was somehow kept totally secret – even as paparazzi followed his every footstep back then! In fact, he was born in 1964, so this affair must have started when he was barely 21!
I think absurd was a good choice of words.
Child Support in California 