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Pasadena Family Law Blog

This isn't just any ring says Kris Humphries about $2M rock

Engagement rings symbolize a promise to marry, and Kim Kardashian's promise to Kris Humphries was quite a big one. Kardashian's 20-Karat engagement ring was valued at around $2 million; a number that Humphries says is worth fighting for during the couple's pending divorce.

Even though the promise was fulfilled and Kardashian went through with the marriage, she filed for divorce only 72 days later. It was this short period that helped in part with Humphries's conclusion that the marriage was only entered into for publicity, that it was based on fraud and deceit. If this is the case, was the promise really fulfilled?

Does fault still matter in divorce?

Given the nearly 50-50 outcome of marriages in this country, one may wonder whether fault is still relevant in divorce or other dissolution proceedings.

Take the case of Reese Witherspoon's parents, Mary Elizabeth and John Witherspoon. Earlier this week, the actress' mother filed a lawsuit, seeking an annulment. The catch is that she is not seeking to dissolve her own marriage. Rather, she alleges that Mr. Witherspoon's recent marriage to another woman must be annulled because he never received a divorce from her. In a word, she has accused him of bigamy.

Child support and special needs children in California

Child support laws vary from state to state, but in general the obligation to support a child ends anywhere from the age of 18 to 21. What about special needs children? Children with a disability often require assistance well beyond the age that a child support obligation normally ends.

Even when a parent devotes all of their time and attention to a special needs child, it still takes money to properly care for them. Many of these children require not only financial support to supplement income for everyday expenses, but to pay for other necessary items, including education, vocational training and assisted living costs.

Have you checked your Facebook privacy controls lately?

Warnings have been written and many have been received about being careful what you post on Facebook if you have a divorce pending. Pictures of expensive purchases, unflattering images or status updates naming your soon-to-be ex-spouse could be damaging in court.

Some posts and pictures have an obvious danger, but even some of the most seemingly innocent ones can be "used against you." So how do you prevent those from being used? The best way is to abstain from using the social media sites completely, but we know that can be difficult. Privacy controls are another way to help limit exposure, but according to a recent Consumer Reports estimate 13 million users of Facebook alone have not used or are unaware that the site even has privacy controls.

Model Linda Evangelista claims child support of $46,000 per month

Model Linda Evangelista has filed a child support claim against the father of her 5-year-old son, who is also the husband of celebrity Salma Hayek. The father is the heir to a family estate that is worth an estimated $11.5 billion and the mother's estimated worth is approximately $8 million.

In the modification request, the model is requesting $46,000 per month in child support for their son. It was reported the model stated that she needed the increased funds to protect her son through constant supervision of the child, armed bodyguards and a driver.

California Dog Whisperer's divorce is finalized

Almost everyone has heard of the famous Dog Whisperer from California, but many not have heard about the divorce between the Dog Whisperer and his wife. The Dog Whisperer, Cesar Millán, has gained his celebrity status and celebrity income from his work with dog training, his show the Dog Whisperer and book deals.

The couple, who were married for 18 years, has finally concluded their divorce proceedings in the California court system. The now ex-wife filed for divorce from her celebrity husband approximately two years ago. Like many divorces, financial obligations, such as spousal maintenance and child support, were addressed through the divorce process.

QDRO: Retirement accounts and divorce

Laws differ from state to state, but under some state law a retirement account is considered marital property subject to division during a divorce. Other laws allow retirement accounts to be used for child or spousal support obligations without incurring an early-withdraw penalty.

State laws are not the only ones that control retirement accounts. The Employee Retirement Income Security Act also has its hands in the pot. The act requires that a Qualified Domestic Relations Order be issued for any retirement account covered by ERISA. So what is a QDRO?

Pro athletes remind us that everyone needs a little modification

If you know anything about the NFL, you have heard the name Warren Sapp. He not only had a very successful career as a defensive tackle for the Tampa Bay Buccaneers and the Oakland Raiders. He went to the Pro Bowl seven times and even became an analyst for the NFL Network. He filed for bankruptcy protection, claiming approximately $6.7 million in debt, including child support obligations.

According to an article published in Sports Illustrated in 2009, Sapp is not the only athlete with financial issues post professional career. In fact, 78 percent of NFL players and 60 percent of NBA athletes significantly struggle with money within two and five years, respectively, after they retire.

Common traps in California divorces

Divorce can be difficult, even amicable divorces can cause tension between the separating spouses. During this potentially tense time, there are several dirty tricks to watch out for during the process. There are several dirty tricks angered spouses can do during the divorce process that can make the potentially tense time a nightmare.

Experienced attorneys are able to plan and prepare for potential a bad trick, which allows divorcing couples in California to navigate through the divorce process without being blindsided by the potential diversions.

California court stops child support obligation for sperm donor

Child support is commonly assigned after a parent has acknowledged paternity of the child or the parentage has been determined through testing and a court order. The acknowledgement or testing of paternity comes from the parent's knowledge of their potential relationship to the child.

A legal theory behind the designation of child support is the parent's obligation to pay for a child that came from a marriage or a relationship. What happens when there is no marriage or relationship? In this type of scenario should child support be required? The issue of paternity through sperm donation was currently reviewed by California courts.

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