Hip hop mogul Russell Simmons and his model/fashion designer/reality TV star wife Kimora Lee Simmons separated in the spring of 2006. They just got around to filing for divorce in March of this year. At the time of the initial divorce filing, Kimora sought sole legal and physical custody of the couple’s two daughters, Ming (age 8 ) and Aoki (age 5). She asked that Russell be granted visitation but only if the children were accompanied by their nanny and security personnel. There was no explanation for the restrictive request.

Russell’s official response to the divorce petition indicated that he wanted joint legal and physical custody of the girls. This week, however, the Simmons entered into a permanent agreement as to the custody, visitation and support of their children. And is it ever unusual!

Russell has agreed that Kimora can have sole legal and physical custody of Ming and Aoki. This gives Kimora final decision-making authority over any major child-rearing issue including education, health, activities and religion. The only activity that the former couples must agree upon is any “professional endeavor.” If mom and dad don’t agree, an independent attorney has been appointed to make a binding decision on behalf of the children. Only in Hollywood…

As for visitation, Russell will have the girls with him for one full week, every eighth week. And, he has apparently agreed, the kids will be accompanied at all times by their nanny and security personnel chosen by Kimora. The rest of the parenting plan is rather standard - outlining the division of holidays, allowing for regular phone contact between parents and children and restricting each parent from bad-mouthing the other in front of the kids.

Russell’s child support obligations are equally interesting. He has agreed to pay $40,000 per month in child support ($20,000 for each child). Additionally, he agreed to purchase a car for the benefit of and use by the kids - and the car must cost at least $60,000. And he has to replace it every two years! These provisions are unusual to say the least - and definitely exceed the standard child support award.

The rest of the divorce case is apparently still pending. Each spouse has a financial empire to be evaluated and divided - Russell owns and runs DefJam Records; Kimora runs the BabyPhat fashion company and several other fashion-related ventures. Russell is represented by attorney Lance Spiegel of Kaufman Young Spiegel Robinson & Kenerson. Spiegel is a partner of high profile divorce attorney Robert Kaufman and has previously represented Heather Locklear, Charlie Sheen and Michael Jackson. Kimora’s attorney is Dan Jaffe of Jaffe & Clemens. Jaffe has previously represented such notables as Anne Heche and media mogul Rupert Murdoch’s first wife Anna Murdoch.

Britney Spears and Kevin Federline were back in court in Los Angeles this morning, discussing the visitation schedule of their two young sons, Sean and Jayden. Reportedly, Spears was awarded overnight visitation with the boys after the court heard testimony from the court-appointed parenting coach/evaluator. The children had been in the sole custody of Federline since Spears’ psychiatric hospitalization early this year. Spears had very limited, supervised visitation for quite some time following her release from the hospital. That visitation was expanded about six weeks ago to three full days a week, supervised.

Another happening of note in the Spears-Federline saga, super-divorce-lawyer-to-the-stars Laura Wasser has re-entered her appearance in the case on Spears’ behalf. It was Wasser who successfully negotiated the original joint custody agreement during the initial divorce proceeding almost a year ago. As Spears’ strange behavior escalated in the late summer and early fall of 2007, Wasser withdrew from the case.

Reports indicated that she did so because Spears would not listen to her advice. Wasser was followed ever so briefly by attorney Mel Goldsman at Freid and Goldsman. He was followed by lawyers Sorrell Trope and Ann Kiley of Trope and Trope. Most recently, Spears has been represented by Stacy Phillips of Phillips Lerner Lauzon & Jamra. The reappearance of Wasser is seen as an indication that Spears - assisted by her father and conservator Jamie Spears - is generally more stable than in the recent past. It is unlikely that Wasser would have agreed to rejoin the Spears camp if she did not believe that the previous communications problems had been resolved.

Federline has been represented by attorney Mark Vincent Kaplan since the divorce case began.

On Thursday, NBA good guy and Houston Rockets star Tracy McGrady was ordered to pay a Bradenton, Florida woman $54,156 a year in child support for their daughter, as well as provide health insurance and school tuition. Pearl Vega gave birth to McGrady’s child in November 2005. McGrady married his girlfriend of 10 years the following year, and they have two children together. This paternity suit was subsequently filed in Sarasota County, Florida.

Vega made approximately $33,000 in 2005. She had requested child support of $204,000 a year, arguing that such an amount would be in line with McGrady’s $21.6 million annual income and would give their child a lifestyle more like that of McGrady and his other children. During the two day trial this week, testimony detailed that lavish lifestyle. McGrady, his wife and other children live in a six-bedroom, 23,000-square-foot house with a pool outside Houston, spending almost $7,000 per month on a chef and housekeeper.

The McGradys gave one of the other kids a $16,000 birthday party and spend about $45,000 per month for personal travel, visiting New York, North Carolina, Florida, Atlanta, California, the Turks and Caicos Islands, the Bahamas, Mexico, the Virgin Islands, and Rio de Janeiro. The other McGrady children reportedly stay in five star luxury hotels, have private preschool and tutors, and receive thousands of dollars of new clothes every month.

McGrady’s attorneys argued that child support should be determined based upon the reasonable needs of the minor child and not the mother’s desire for a high lifestyle. Ultimately, the judge ruled that Vega had overstated the child’s needs and has “used child support to enhance her personal lifestyle and that of her other two children.” (On a similar note: New York courts basically told Shaniqua Tomkins, mother of rapper 50 Cent’s son, the same thing - the father’s income and the ultimate child support award in that case were very similar to the McGrady case. Check out our April 4, 2008 story on that case for details.)

“It is inappropriate for Ms. Vega to use child support as a means to further her education when she chooses to attend college as a full-time student and expects Mr. McGrady to pay for tuition, a full-time nanny and other domestic help,” Judge Donna Berlin wrote in her decision.

Vega’s attorneys have already indicated that they will appeal the ruling.

Source: Sarasota Herald-Tribune

In an unusual twist, former supermodel Christie Brinkley is fighting to keep her divorce case open to the public, including the press. Celebrities are notorious for seeking ways in which to keep their legal and personal battles away from the eyes and ears of the media. In this case, however, Brinkley feels that an open courtroom is the only way to repair her reputation from allegations and insinuations made by her estranged husband, architect Peter Cook.

Brinkley filed for divorce in July 2006 after 10 years of marriage. The former couple has two children: Sailor, age 9 and Jack, age 12 (Jack was Brinkley’s son by a former marriage but was adopted by Cook). An attorney appointed to represent the interests of the children (generally called a guardian ad litem) has asked the court to keep the proceedings closed to protect the children. Several media outlets have, of course, filed motions in support of Brinkley’s position.

The couple split when it was revealed that he had been having a year-long affair with his 18 year old intern/assistant. Cook has admitted the affair, saying “I’m sorry. I’m contrite. I’m stupid. Foolish. No excuse.” Sources now claim that Brinkley has more dirty laundry to air. And if she has it her way, it will be aired in a public courtroom. Brinkley will supposedly allege that Cook trolled Internet porn sites and regularly logged on to swingers sites in search of women.

The couple - both wealthy prior to their marriage - did apparently execute a prenuptial agreement. Newsday reports that Cook is challenging the prenup with regard to three boats and several New York properties as well as some personal property. New York is not a community property state. Instead, property is handled by equitable distribution. If the prenuptial agreement is found invalid or unenforceable, a judge will divide the marital property in a fair and just manner. Brinkley’s allegations regarding Cook’s behavior will be considered when the judge determines what exactly is “fair and just” in the circumstances.

New York does allow no-fault divorces where the parties have lived separately for at least one year. But Brinkley is clearly seeking an at-fault divorce on the grounds of adultery (and possibly cruelty, depending on the details of her further allegations). Her allegations could also potentially trigger provisions in the prenuptial agreement by which the property distribution would be altered if either party was guilty of gross misconduct within the marriage.

It is unclear whether the couple is still fighting over the custody of the children (although the continued presence of the guardian ad litem suggests that the permanent custody arrangement may still be up in the air). Cook’s behavior can also be taken into account for purposes of determining custody and visitation.

Brinkley is represented by Manhattan attorney Robert S. Cohen, who has previously represented NYC Mayor and billionaire Michael Bloomberg, actor James Gandolfini, music producer and Mariah Carey-ex Tommy Mottola and both of Donald Trump’s ex-wives, Ivana Trump and Marla Maples. Cook’s attorney is Norman Sheresky who represented Gandolfini’s wife in their divorce as well as many other wealthy New Yorkers. The Brinkley-Cook divorce trial is scheduled to begin in early July and is expected to last four weeks.

Source: Newsday

When we reported last fall on the divorce of actress Reese Witherspoon and actor Ryan Phillippe, it wasn’t yet clear that the case was still open. Turns out the former couple still had a few things to work out. Like, everything.

A judgment filed in the Los Angeles County Superior Court yesterday did finally close the duo’s divorce case for good. Back in October, 2007, the pair were divorced (both became legally single again) - but the court reserved all other issues in the case for future ruling. This meant that there was no finalization of child custody, child support, spousal support or division of property. This is a process called bifurcation - used sometimes when financial and other issues are complex. (See also our report on Johnny Knoxville’s recent bifurcated divorce.)

Now though, Witherspoon and Phillippe appear to have settled everything and put their marriage behind them. The settlement terms were not made public. It is believed that Witherspoon has primary physical custody of the couple’s two children, Ava and Deacon. The two parents likely share joint legal custody - giving each of them equal say in the decision-making process of child-rearing. It is unlikely that either spouse asked for or received spousal support (also known as alimony or maintenance). And it was reported that there was no prenuptial agreement to guide the division of marital property. Refreshingly, it appears that the former couple was able to work out the details of their split without involving the media.

Witherspoon was represented in the divorce action by attorney Robert Kaufman of the law firm Kaufman, Young, Spiegel, Robinson & Kennerson. Kaufman is currently representing Robin Williams’ estranged wife Marsha Garces Williams and has previously represented singer Jessica Simpson and actress Jennifer Aniston. Phillippe’s lawyer is Gary Fishbein of Buter Buzard Dunaetz & Fishbein. Fishbein has previously represented actor Gary Oldman and rocker Nikki Sixx of Motley Crue. The Witherspoon-Phillippe case was presided over by Commissioner Scott Gordon (yes, the same commissioner in the on-going Britney Spears-Kevin Federline saga).

Basketball player Jason Caffey played on two NBA championship teams with the Chicago Bulls in the mid- to late-1990s. He was traded to the Golden State Warriors in 1998 and signed a seven year, $35 million contract. In 2000, Caffey began playing for the Milwaukee Bucks. The team bought out the last two years of his contract in 2003 for almost $12 million. He hasn’t played professional basketball since - and has spent the last few years in and out of courthouses dealing with paternity suits and, despite getting paid MILLIONS over the years, delinquent child support enforcement cases. Caffey is the father of 10 children by eight women. That’s not a typo - TEN children. Eight different child support payments.

At least two of those cases are pending in the courts right now. In one case, Karen Russell - mother of Caffey’s 15 year old son - is fighting to collect delinquent child support payments. Russell ran afoul of the federal bankruptcy court earlier this year when she and her attorney successfully collected money from Caffey after Caffey had filed for bankruptcy. The court in Tuscaloosa County, Alabama had issued an arrest warrant for Caffey for contempt of court, due to his failure to pay child support. Caffey and his attorney negotiated to pay a sum of money in order to get Caffey out of jail after his arrest. Because Caffey had filed for bankruptcy, the bankruptcy court said that Russell had to stay her attempts to collect past due child support pending the resolution of the bankruptcy case. Russell claims that Caffey owes over $100,000 in past due child support and attorney’s fees.

Child support is not dischargeable in bankrupcty. Under federal law, a bankruptcy judge cannot wipe away Caffey’s child support obligations. But all creditors, including the mothers of his children, are supposed to stop all efforts to collect their debts while Caffey works out a bankruptcy plan with the court. Caffey has delayed the filing of a plan since last August.

This failure has also sparked the ire of another of Caffey’s former paramours, LoRunda Brown. Brown’s case against Caffey is pending in Atlanta, Georgia. The judge there also issued an arrest warrant for Caffey last year but the warrant was withheld because of the bankruptcy filing. Caffey allegedly owes Brown over $100,000 in past due support.

Although it is not entirely clear, Caffey is presumably seeking a modification of his child support obligations in each case. Child support orders are always modifiable after they are entered by the court. Either parent can go back to court to request a modification of the amount of child support due to significant and permanent changes in circumstances. In this case, Caffey could have (and, in hindsight, should have) gone to court after it became clear that he was not going to continue to play professional basketball to seek a modification of his support orders, bringing them in line with his non-NBA income. Had he done so, he may not be facing six-figure child support arrearages now.

Actress Anne Heche’s divorce from husband Coleman Laffoon was finalized late last week in Los Angeles. The couple fought over seemingly every detail of their split for more than a year, including custody issues. Ugly allegations were hurled from both parties including accusations of pornography addiction (his) to mental instability (hers).

As we reported, the former couple was in court just a few weeks ago, when Heche complained that the temporary spousal support and child support she was ordered to pay was too high in light of the fact that she is currently unemployed. She has been paying almost $15,000 per month to Laffoon for support since last year.

In the final settlement, Laffoon waived any right to spousal support. The court’s recitation of the settlement agreement reads very much like any other non-celebrity divorce. The parties will split an investment account equally. They will split a retirement account equally by a qualified domestic relations order or QDRO. All of Heche’s future residual earnings from acting jobs undertaken during the marriage will be kept by her. The remainder of the proceeds of the sale of their marital home goes to Heche but she has to pay Laffoon a lump sum of $275,000.

Heche has agreed to pay $3,700 per month in child support for the couple’s six year old son, Homer. She will also be responsible for 75% of his private school tuition. Each parent will pay an equal share of Homer’s medical and extra-curricular activity expenses. Although the parenting arrangement was not spelled out in the settlement, it is believed that Heche and Laffoon will split legal custody and physical custody of their son.

The couple was married in 2001 and separated in early 2007.

On draft day in any professional sport, the highlight reels show young athletes celebrating the beginning of their pro careers, putting on a team jersey or cap, and smiling with the league commissioner for photo ops. Often, though, the next rite of passage for a young professional athlete in America is not exactly a photo opportunity - it’s a paternity suit.

For whatever social, psychological or sexual reason, pro athletes are having children out-of-wedlock at an epidemic rate. No sport is exempt – baseball, football, basketball, boxing, hockey and more. Child support payments are some athletes’ single biggest expense. Since Father’s Day is coming up soon, we thought we’d take a look at some of the more notable professional players (pun intended) who have been parties to paternity suits.

As you might expect, the list of athletes with one or two illegitimate children is extremely long. Much too long to list here in its entirety. Highlights from that list include:

• Mark Messier (NHL Hall of Famer)
• Brian Urlacher (NFL)
• Stephon Marbury (NBA)
• Jason Kidd (NBA)
• Allen Iverson (NBA)
• Latrell Sprewell (NBA)
• Juwan Howard (NBA)
• Scottie Pippen (NBA)
• Hakeem Olajuwon (NBA)
• Patrick Ewing (NBA)
• Randy Johnson (MLB)
• Matt Leinart (NFL)
• Tom Brady (NFL)
• Darren McFadden (NFL rookie)
• Dwight Howard (NBA) [one child with an Orlando Magic dancer]
• Warren Sapp (NFL)
• Larry Fitzgerald (NFL) [one child with a Los Angeles Raider cheerleader]
• Lance Briggs (NFL)
• Tracy McGrady (NBA)
• Chipper Jones (MLB) [one child with an Atlanta area Hooters waitress]
• Boris Becker (Tennis)

But it doesn’t stop there! The numbers get CRAZY - read below!
Continue reading "Paternity Suits and Pro Athletes: The List"

Back in April, we reported that rapper 50 Cent and his son’s mother Shaniqua Tompkins were fighting in court over a house that Tompkins claims 50 Cent bought for her. The judge ultimately ordered Tompkins to move out of the house by the end of the school year. Yesterday, though, the whole situation turned bizarre.

Apparently, Tompkins was deposed yesterday in New York in relation to the house case. Reportedly, matters got heated and a member of 50 Cent’s entourage trashed the offices of Tompkins’ lawyers. A police report was filed.

The former couple then engaged in a screaming match in the street - caught on a camera phone by a bystander. Several hours later, at about 5:00 a.m., firefighters were called to the Long Island, NY home where Tompkins and the ex-couple’s 10 year old son, Marquise, lived (the same house from which 50 Cent has been trying to evict Tompkins). All six people inside the home (including Tompkins and Marquise) escaped with minor smoke inhalation. The $2+ million home appears to be a total loss.

The rapper’s representative issued a statement indicating that 50 Cent (real name: Curtis Jackson) is in Louisiana filming a movie, is thankful that no one was hurt and is looking forward to the investigation’s findings.

Tompkins claims that she heard someone break into the home at 4:00 a.m., shortly before the fire started. There is no indication as to why she didn’t call the police at that time. Tompkins also claims that her ex threatened to kill her and has had no contact with their son since the news of the fire was reported this morning. 50 Cent’s attorney, Brett Kimmel, of course, called allegations that his client had something to do with the fire “outrageous and offensive.”

These two have been fighting in and out of court for years, beginning with paternity and child support orders. Then, more recently, a modification of the child support order. And most recently, this house. It appears that Tompkins v. Jackson is far from over. Check back here for updates!

Actor/comedian Bill Murray’s wife of almost 11 years has filed for divorce in South Carolina. Jennifer Butler Murray’s divorce petition alleges that she and the couple’s four children moved to Sullivan’s Island, near Charleston, in 2006 because of Murray’s adultery, marijuana and alcohol addictions, abusive behavior, sex addiction and frequent abandonment. Butler Murray seeks a divorce on the grounds of adultery, physical cruelty, habitual addiction to drugs and a one year separation.

The Murrays have four children, ranging in age from 7 to 15 (the oldest three children were born prior to the date of marriage). Butler Murray is seeking sole custody with reasonable visitation granted to Murray if he behaves appropriately and does not involve the children in the divorce litigation.

She also seeks several preliminary orders including a restraining order to keep Murray away from her home, to keep Murray from exposing their children to any of his paramours or people who use or possess drugs, to keep Murray from denigrating her in front of the children and to keep Murray from threatening her or the children via telephone, voice mail or text message.

The divorce petition also indicates that the couple has a prenuptial agreement. Butler Murray has asked the court to find that agreement valid and to handle the division of the couple’s finances according to the agreement. If that occurs, Butler Murray stands to receive a $7 million lump sum payment upon the finalization of divorce.

source: Charleston Post and Courier