Austin Family Law Attorneys Blog

Supermodel takes ex to court over support

2012-05-18T19:40:11Z

A Texas-sized child support battle is playing out in a family law courtroom in another state, pitting a supermodel against a billionaire. While many people will find it hard to relate to the large sum of money at stake, it's the same basic concept as other child support battles. The judge will need to decide what is best for the child.

Linda Evangelista, whose face graced countless magazine covers in the 1980s and 1990s, is seeking nearly $50,000 per month from her former boyfriend, billionaire Francois-Henri Pinault. He does not dispute the paternity of the 5-year-old son they share, but calls her demands ridiculous. She is seeking funds to pay for armed bodyguards, a live-in nanny and other expenses.

]]> Pinault is now married to actress Salma Hayek, with whom he shares a young daughter.

Evangelista's attorney said that the model has provided for the youngster his entire life, but she can no longer afford it. Her annual income of $1.8 million took a large drop when a contract to endorse cosmetics expired.

The model, 46, dated Pinault for a brief time at the end of 2005 and the beginning of 2006. She took him to court last year, finally identifying him as the boy's father. He has two children from a previous marriage and told Evangelista that he was not interested in parenting a baby, but would take responsibility.

Pinault said he disagreed with her initial support demands and in 2007 he made a counteroffer. He said he did not hear from her again until the lawsuit filing in 2011.

He did not disclose how much he has given Evangelista through the years. By contrast, he testified that the daughter he shares with Hayek has a $12 million mansion in a trust.

Source: Huffington Post, "Linda Evangelista Child Support Court Battle Underway With Francois-Henri Pinault," Jennifer Peltz, May 3, 2012

Football player's divorce grows nastier

2012-05-10T14:16:18Z

When parents divorce, they often lose sight that children should be the focus of their attention. In this case, the testy divorce of Dallas Cowboys legend Deion Sanders has taken another twist, with both Sanders and his estranged wife facing assault charges. The alleged attack happened in front of the couple's children.

Police who responded to the family mansion in Prosper, Texas, reported that Sanders received a citation for misdemeanor simple assault. His wife was arrested, charged with misdemeanor assault and spent a night in jail.

]]> A police spokesman in Prosper would not specify exactly what police believe happened in the Sanders home, but Sanders said that he was "jumped" by his wife and one of her friends, and that two of their children witnessed the attack. The couple has continued to live together in the home since Sanders filed for divorce in December 2011, with each occupying a wing in the sizable estate.

Although a judge issued a gag order in the case, Sanders took to Twitter to announce that his wife had attacked him and included a picture of his children filling out police reports to detail what they saw. He later took the photo down. His attorney said Sanders' Twitter postings did not violate the gag order because they pertained to the assault, not the divorce.

A local television station said the judge ordered Sanders' wife not to threaten her husband and to stay away from the house for two months.

The couple married in 1999 and has three children. Sanders works for the NFL Network and was inducted into the Pro Football Hall of Fame. Together, they starred in a reality series about their marriage.

Earlier this year, the woman filed a $200 million defamation suit against her husband, his daughter from a prior marriage and his corporation.

Source: Associated Press, "Deion Sanders cited for spat with estranged wife," April 24, 2012

Texas woman seeks child support raise from NFL player

2012-05-04T21:16:02Z

A Texas family law court will need to decide whether a Houston woman should receive an increase in child support from a professional football player who fathered her two children. This case might prove more complex than many support cases, however. The player with whom she is linked has 10 children with eight different women, plus two more on the way.

The woman's lawyer is asking for an increase in support for the two children, ages 4 and 3. The woman works for the state and also attends college. While she has enough money to survive, her attorney said extra money would help her to better provide for the children. The attorney said that even if the man gave an increase to all of his children, he would still live well with his $32 million contract.

]]> It has been reported that he pays each mother approximately $3,500 per child each month, but the attorney of the Houston woman said she receives less than that. Raising children while going to school can be expensive, and the woman is within her rights to ask a court to modify a support order.

The Houston woman attempted to serve the man, 28, with the legal papers at his New Jersey address, which was the only address she had for him. When the attempt was made, she learned he had moved without sharing his new address with her.

The football player currently lives with his wife and their two children and a 7-year-old son from a prior relationship. The mother of that child said she does not know where her son is since his father and stepmother relocated. Recently, the football player announced that he and his current wife are expecting twins.

The other seven children live with their mothers across the U.S.

Source: New York Post, "Cromartie baby mama seeks a new 'deal,'" Susan Edelman and Bob Fredericks, April 19, 2012

Anthony, J.Lo to divorce

2012-04-25T19:44:39Z

Months after separating from entertainer Jennifer Lopez, singer Marc Anthony has filed a petition for divorce. The couple married seven years ago, but announced their split in July 2011. They have 4-year-old twins. Anthony specified "irreconcilable differences" as the reason for his divorce filing.

According to media reports, Anthony wants to share legal and physical custody of the children. He also made known his wishes to deny spousal support to Lopez, though she has not yet requested it.

]]> The two, thus far, seem to have moved on as friends and business partners. They have continued to appear together on stage and also have made several appearances in support of their ventures.

When the couple first split up, rumors swirled that Anthony could not cope with his wife's success. Her star was reignited last year after she accepted a position as a judge on "American Idol." Anthony has said he has nothing but happiness for her.

Lopez was twice married and divorced when she and Anthony married. Anthony, who has three children from previous relationships, previously was married and divorced once. Lopez and Anthony now have both moved on with new partners, with their relationships becoming fodder for the tabloids.

With both spouses exceptionally wealthy because of music and other entertainment ventures, it is unlikely that there will be much by way of money changing hands between the two in a settlement. And with the divorce now getting endless tabloid attention, it is important that the couple ignore the rumors and work toward a settlement that keeps the children's best interests at heart.

Source: Fox News Latino, "Marc Anthony Officially Files for Divorce from Jennifer Lopez," Kacy Capobres, April 12, 2012

Model, singer to end marriage

2012-04-20T21:51:51Z

German supermodel Heidi Klum has filed for divorce from her husband, pop singer Seal.

The couple married nearly seven years ago, but separated three months ago. Although it had been rumored that the couple would reconcile after a few weeks of living apart, Klum's action ends that possibility. She cited irreconcilable differences as the cause of their divorce.

]]> Klum, 38, has asked in her divorce petition for joint legal custody and primary physical custody of their four children. The couple has two daughters and two sons, all under the age of 8. The model, who hosts the television show "Project Runway," also has asked to change her legal last name from Samuel to Klum. She legally had taken Seal's last name after the couple married in Mexico in 2005.

Klum and Seal, 49, had issued a joint statement after their separation earlier this year. They said that while they still loved each other, they had grown apart. Klum and Seal had become known for renewing their marriage vows each year and for throwing elaborate Halloween parties.

Soon after their separation, Seal spoke frequently about their breakup, appearing on several television talk shows to discuss the release of his new CD.

Seal said after they went their separate ways that they had lived their lives in an open fashion and that they had given the public a picture of a perfect marriage and an ideal family. Because their relationship had soured, he said he would not turn silent.

Klum, however, said in a recent magazine interview that while she could not dictate what Seal said, hearing the words was difficult. She said the does not want to share the details of either the good times or the bad times of their relationship. This is how many couples feel, and it's important for people who may rush to judgment to remember that celebrities also get divorced and the pain is just as real.

Source: People, "Heidi Klum Files for Divorce from Seal," Alison Schwartz and Michelle Tan, April 6, 2012

Businessman tells divorce judge he has no money for wife

2012-04-12T14:21:38Z

The head of a multibillion-dollar Texas company told a judge that the recession has left him professionally and personally on the verge of insolvency and that his net worth is below zero, leaving him unable to pay his wife the financial settlement she is seeking in their divorce.

The woman contends that her husband's 2010 tax returns showed that he earned more than $36 million in adjusted gross income. He says his earnings actually totaled just $1 million or $2 million, and his net worth has plummeted to a negative $50 million.

]]> Representatives for the wife, however, said the man can afford to pay his debts to her. His wife wants the judge to force him to pay her half of the couple's community property, up to $5 million, as agreed to in their prenuptial agreement. The couple had been married six years when the man filed for divorce in September 2011. They have two daughters, ages 6 and 3.

Texas is a community property state, which means there is a good chance that if the couple can't agree on a settlement, the judge is likely to treat all assets obtained during the marriage as jointly owned. But in this case, the couple did have a prenuptial agreement in place.

The woman said her husband owes her $104,000 under a previous agreement. She also wants $20,000 per month in support and attorney fees. Her case got a boost in court from a former senior manager at the man's company. He testified that the man told him that his goal was to shrink his net worth so that his wife would receive a smaller settlement.

Even if he is not insolvent under the traditional principles of accounting, the man said he is by the standards of family law in Texas. He told a Dallas judge that his company's revenues have fallen from $39 billion to $23 billion since the end of 2007.

Source: Business Week, "Highland Capital Chief Tells Divorce Judge He's Insolvent," Tom Korosec, March 29, 2012

Couples who live together turn to prenup-like pacts

2012-04-05T13:25:20Z

Unmarried couples in Texas and throughout the United States are increasingly drawing up legal documents similar to prenuptial agreements to specify various matters, including those of the financial type, even though they haven't said "I do."

The avenue of family law has expanded to the unmarried over the past few years with the legally binding document, called a cohabitation agreement, becoming more popular. As couples live together instead of marry, cohabitation agreements serve to protect the assets of each person in the relationship, deal with child custody and set terms of future support.

]]> The cohabitation agreement can help to keep a non-married couple out of a courtroom battle should their relationship end. According to statistics compiled by the Pew Research Center, a record-low number of American adults -- just 51 percent -- are marrying. Still, many people function as married couples without getting a marriage license or exchanging rings.

Cohabitation agreements can help when couples make purchases together, such as a house. Such agreements can help to save time in litigation regarding how to divide large assets and debts if the couple splits up. Since some states, including Texas, do not have many specific laws dealing with cohabitation, the documents can prove valuable, experts said.

Couples can include a variety of elements in their cohabitation agreement. For example, if one party stays home with children instead of working, the agreement could specify support for the non-working member of the couple in the future. It also can spell out child support issues.

The agreement also can address other liabilities that a person brings into a relationship. For example, if one half of the couple has extensive student loan debt, the two sides can put in writing through the cohabitation agreement that such debt will remain in the hands of the person who signed the loan document. The other half can absolve himself or herself of any responsibility.

The best time to create a cohabitation agreement is before a couple moves in together or in the very early days of a relationship, just as a prenuptial agreement is drawn before a wedding. At the start of a domestic partnership without marriage, people are happy and think logically and without bitterness, experts said.

Source: CNN Money, "Prenups Aren't Just For Married Couples Anymore," Jessica Dickler, March 20, 2012

Hollywood couple splits

2012-03-29T19:50:37Z

Actors Jennie Garth and Peter Facinelli have decided to divorce. Garth and Facinelli married 11 years ago and are raising three daughters, ages 14, 9 and 5. They met on the set of a television movie in 1996 and married five years later.

Right after they announced their divorce on March 13, 2012, the Internet was abuzz with rumors that unfaithfulness by one of the spouses caused their split. But the couple issued a joint statement denying the rumors, arguing infidelity was not the reason for the divorce.

]]> Facinelli, 38, and Garth, 39, said they would remain committed to raising their children together.

Soon after news of the divorce came the word that Garth and her daughters will star in a reality show. "Jennie Garth: Little Bit Country," will debut on April 20 on the CMT television network.

Though taping of the show began several months ago, it is not anticipated that Facinelli will appear in any episodes. It is not known how much, or even if, Garth and her daughters will discuss the divorce.

The show takes place on Garth's farm in central California. It involves Garth, her daughters and her assistant adjusting to life outside of Hollywood. Together, they complete tasks such as buying a cow and a calf.

There have been no divorce papers filed yet, so it is unknown what each of the spouses is seeking in a divorce settlement. It's also not known if the couple had a prenuptial agreement. But with three children, hopefully the couple can reach an amicable settlement sooner rather than later.

Source: People, "Jennie Garth and Peter Facinelli Deny 'Hurtful' Cheating Rumors," Elizabeth Leonard, March 14, 2012

Actor's wife files for divorce

2012-03-22T03:20:16Z

The wife of one of Austin's most famous part-time residents, actor Dennis Quaid, has filed divorce papers in a Travis County courtroom.

Quaid married his real-estate agent wife seven years ago. Now she argues that there is nothing left to a marriage that has "become insupportable because of discord or conflict of personalities," according to the divorce petition. This is Quaid's third divorce.

]]> While the filing lists only initials, the address on the petition matches that of the Austin home the Quaids shared with their preschool-age twin son and daughter.

Representatives for Quaid, a 57-year-old Houston native, issued a statement confirming that his wife had filed for divorce, and that both parties were discussing a "satisfactory settlement."

According to the court filings, Quaid's wife has asked for spousal support and attorney fees. They have already reached a temporary agreement on child custody, as well as on some property matters. The wife will stay in their Austin home and keep a luxury car. Quaid will reside in another local home.

The couple wound up in the news in 2007 after the birth of the twins, when the children almost died after they received an accidental overdose of a blood thinner.

The Quaids subsequently settled with the Los Angeles hospital for $500,000, but it's unknown what happened to that settlement money. He produced and provided the voice to a documentary for the Discovery Channel called "Chasing Zero: Winning the War on Healthcare Harm" that focused on medical errors.

It appears that since the couple is negotiating a settlement that there is no prenuptial agreement in place.

Source: Associated Press, "Dennis Quaid's 3rd wife files for divorce in Texas," Will Weissert, March 9, 2012

Football great to divorce

2012-03-15T02:43:25Z

University of Texas football fans no doubt remember the fits that Barry Sanders caused the Longhorns in the 1980s. Those same fans will be interested to hear that the college and professional football legend recently filed for divorce.

Sanders married his wife more than 11 years ago. But in papers filed in circuit court in another state, Sanders did not cite a reason for the divorce.

]]> The couple lives with their three sons, who are 10, 8 and 4 years old. Sanders has an adult son from a previous relationship.

Sanders has requested joint custody of the couple's children and has agreed to pay child support as outlined in state recommendations. He has asked that his wife maintain health insurance for their sons.

Sanders, 43, played running back for the Detroit Lions for 10 years before surprisingly retiring in 1999. He continues to live in Michigan since retiring.

No date has been set for the estranged couple's court appearance. In the interim, Sanders and his wife were ordered by the court to take part in an education program that is intended to show couples the effect that divorce has on children. The course is designed to help parents make the transition to divorced life easier for the kids.

It is likely that the couple did not have a prenuptial agreement in place, since Sanders is now making specific requests for a settlement. But Texas residents should be aware that since the Lone Star State is a community property state, without a prenuptial agreement in place, a court could divide all assets equally for a divorce settlement.

Source: Detroit Free-Press, "Barry Sanders files to divorce wife," John Wisely, Feb. 27, 2012

Actor ordered to pay wife $50,000

2012-03-08T01:56:45Z

The acrimonious divorce between actor Terrence Howard and his estranged wife has gotten even more bitter now that a judge has ordered him to give her $50,000 until they meet again in court in April.

The ongoing divorce battle brings to light the need for couples, especially high-income couples, to consider negotiating a prenuptial agreement before getting married. That contract can avoid a drawn out court battle.

]]> The Howards married in January 2010, and the marriage quickly went downhill. The woman filed for divorce, contending Howard physically assaulted her. In the divorce filing she alleged that her husband has hit her in the face, taken hold of her and pushed her across the room, and threatened to drop her from a balcony.

Now, Terrence Howard says he cannot get any roles in Hollywood because she has damaged his reputation with her accusations, which he says are false. An insider in the film industry agrees that the accusations, even if they are never substantiated, could hurt his career. She says that his reputation in Hollywood had been that he was a gentle man, but now opinions will change whether the allegations are ever found to be true.

Because of his lack of work, Howard says he has just $22,000 in the bank. He also charges that he and his estranged wife lived as man and wife for only six months and that in that time, more than $170,000 vanished from their joint funds. For her part, she says their marriage lasted 18 months and that she only took money that belonged to them both.

The wife contends that Howard still receives residuals from his films and has adequate funds to pay the $76,000 of monthly expenses he incurs.

Howard will need to give his wife $40,000 for legal and accounting fees and another $10,000 in support until the judge issues a final order in their next court date.

Source: ABC7, "Terrence Howard disputes spousal support," Miriam Hernandez, Feb. 21, 2012

Famous pastor's wife calls off divorce

2012-02-29T20:47:33Z

The on-again, off-again divorce between a famed megachurch pastor -- who has a popular following in many states, including Texas -- and his wife is off again.

Vanessa Long, who filed paperwork to divorce Bishop Eddie Long, asked that the petition be dismissed. It is not clear if the couple has reunited. But what's important is that the couple has decided to make the choice that is best for them. Sometimes divorce is not the answer.

]]> Eddie Long is pastor of the New Birth Missionary Baptist Church in Lithonia, Georgia, which has approximately 25,000 members. His wife of 21 years announced on Dec. 2, 2011, that after much thought and prayer, she had decided to divorce her husband.

Later that day, she issued another statement saying that after more consideration, she would withdraw her divorce filing. She said she loved her husband and that they had decided to work together on their marriage but that she had sought a divorce because she was tired of media "attacks."

Yet on that same day, Vanessa Long's attorneys said she would still seek to divorce her husband.

In filing the divorce petition, the 53-year-old woman said the couple had been separated and that their marriage was broken and couldn't be saved. In a statement, Eddie Long said he loved his wife and wanted to work on their marriage.

The divorce proceeded until the day before Valentine's Day, when online court records showed that the case of Long vs. Long had been dismissed without prejudice. Attorneys for Eddie Long said the court records were accurate. The circumstances for the petition's withdrawal are unknown.

Eddie Long has previously faced accusations of engaging improper sexual conduct with male congregation members. In September 2010, four former church members sued him, stating that the religious leader had lured them into sexual relationships by finding them jobs and offering gifts and travel. The bishop agreed to settle lawsuits in May 2011, even though he continues to say the allegations are untrue.

Source: The Atlanta Journal-Constitution, "Vanessa Long calls off divorcing New Birth pastor Bishop Eddie Long," Christopher Seward, Feb. 17, 2012

There are many advantages of preparing a prenuptial agreement

2012-02-24T20:27:23Z

Now that Valentine's Day is over, many newly engaged couples will be flocking to stores to set up their wedding registries. Planning for a wedding can become overwhelming and many couples don't think about creating a prenuptial agreement despite almost half of marriages ending in divorce.

Divorce can be very complicated, especially when property and money need to be divided. Prenuptial agreements can help alleviate the stress of fighting over who gets what when a marriage ends.

]]> Couples considering a prenup are not alone. Prenuptial agreements have been growing in popularity. A recent survey found that three-quarters of divorce lawyers in the U.S. have seen an increase in prenups within the last five years.

So what exactly is a prenup? A prenuptial agreement is a legal contract that is created before marriage. Prenups can include provisions in the event of a spouse's death or divorce. Provisions in prenups can include property division, spousal support, guardianship and terms for asset forfeiture in the case of adultery.

While prenuptial agreements are not for everyone, there are many benefits of preparing one. Couples who have a lot of assets or property are wise to draft a prenup. Individuals who have children from a previous relationship can also benefit from a prenup, even if their children are adults. A prenup can help ease any tension there may be between a new spouse and children in the event of divorce.

Many couples think they will be protected if they ever get divorce. However, state laws on divorce and how property and assets are divided can be difficult to fully understand. There are many advantages of preparing a prenuptial agreement and it is wise to consult a divorce lawyer. Lawyers will examine all of your options and can help you make decisions regarding property division, spousal or child support, paying bills and beneficiary designations.

Source: KSAT, "Is a prenuptial agreement right for you?" Feb. 8. 2012

Katy Perry reaches divorce settlement despite no prenup

2012-02-22T16:10:56Z

Many Austin residents may have heard that Katy Perry and Russell Brand have finalized their divorce by reaching a comprehensive divorce settlement on all issues. The couple agreed that the settlement was uncontested and waived their right to go to trial. The couple announced their separation on Dec. 30 and now will wait the required six-month waiting period to officially end their 14-month marriage.

The only issue of the divorce settlement was property distribution and awarding spousal support. Perry asked the courts not to be involved in awarding Brand spousal support. Since the couple did not have a prenuptial agreement, that would entitle Brand to half of Perry's earnings while they were married. However, Brand decided not to seek spousal support despite the fact that he would have received as much as $20 million in the settlement.

]]> Both sides have said that the divorce has been amicable, and Brand has told many people that he doesn't want Perry's money and that he is happy to live off of his own earnings. Brand's view has stayed the same since the couple married. Both decided not to have a prenuptial agreement because they wanted to have a normal marriage.

Couples looking to divorce in Texas may not be as lucky to have a future ex decline any spousal support. Readers should be aware of state laws regarding spousal support awards and how it is calculated. It is best to speak with an attorney to discuss your options when facing divorce to ensure the best outcome to protect your future.

Source: iVillage, "Katy Perry & Russell Brand Divorce Settlement: All the Details," Terri Schwartz, Feb. 9, 2012

Kardashian divorce trial could wind up on TV

2012-02-15T20:06:30Z

The fairytale, made-for-TV wedding of reality TV star Kim Kardashian and estranged husband Kris Humphries could turn into a made-for-TV divorce.

Unless Kardashian agrees to Humphries' request for an annulment based on fraud or reaches a financial settlement with him in their lawyers' offices, the case will wind up in court and probably on a television screen, reports say. Texas also allows cameras in courtrooms, but they are generally prohibited in family court because of sensitive issues that could arise.

]]> That's because California court policy allows the televising of cases with high public interest. Among those: the Michael Jackson's child-molestation case, the Robert Blake and Scott Peterson murder trials and the case synonymous with the California televised trial, the O.J. Simpson double-murder trial. Kardashian's father, the late Robert Kardashian, was a longtime Simpson friend and served as one of his lawyers.

Kardashian and Humphries, a professional basketball player, had been married just 72 days when Kardashian filed for divorce in fall 2011. While it was reported that Humphries would sign off on the divorce, he instead filed his own annulment case. He contends that Kardashian married him to drive the plot for "Kourtney & Kim Take New York," the short-run reality show that featured two Kardashian sisters and their significant others living temporarily in New York.

Kardashian's marital unhappiness and subsequent decision to end the brief marriage were played out on the show.

One lawyer who handles celebrity divorces in Southern California said the facts that could be exposed in an annulment case could prove damaging, making it unlikely for Kardashian to agree to that option.

If the two sides don't settle and do wind up in court, it is believed that Humphries' side will show portions of the reality show to prove his assertion that the marriage -- and the ensuing divorce -- had nothing to do with a relationship but rather with ratings.

Source: Huffington Post, "Kim Kardashian Divorce: Will Trial Be Televised," Feb. 3, 2012