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Rocker Peter Frampton sees his third marriage end

When a divorcing couple has been married for long time, when they have children together and have substantial assets together, the divorce has the potential to be very complex. In ending the marriage, the issues of marital property division, child custody, child support, and possibly alimony need to be addressed. Often, complex divorces are litigated in court. However, many divorce issues are resolved by the spouses and their attorneys who negotiate a settlement.

The marriage between Peter Frampton and Tina Elfers is an example of a marriage that meets all of the above criteria. Recently, Peter Frampton filed for his third divorce. In 1973, he and Mary Lovett went separate ways. In 1993, Frampton and Barbara Gold split. Now, in 2011, the 61-year-old guitarist and singer is splitting with Tina Elfers.

In 1996, Elfers and Frampton married in Cincinnati. Four years later, they moved from Nashville to Cincinnati so Elfers could see more of her family.

The couple split up on New Year’s Eve, but divorce papers were not filed until recently. Irreconcilable differences were cited as the reason for the divorce.

Frampton and Elfers were married for almost 15 years and have a 15-year-old daughter. Frampton is attempting to get joint custody and visitation rights. Their daughter just finished her sophomore year in high school and has appeared in two recent Hollywood films. She has hopes of having a career as an actress.

Although going through a divorce can be a stressful event, Frampton appears to not be missing a beat. Frampton is currently on a worldwide tour celebrating the 35th anniversary of one his most popular albums. The world tour will wrap up sometime in November.

Source: USA Today, “Peter Frampton files for divorce,” John Kiesewetter, 6/24/2011

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Maria Shriver officially files her divorce petition

When the news initially broke that Maria Shriver and Arnold Schwarzenegger, it was not clear what was going to be next for the couple. They announced their separation just weeks after the 25th anniversary. The couple had accumulated substantial assets over those 25 years, with Schwarzenegger as a lucrative box office draw and Shriver working as an acclaimed journalist over many of those years. The couple also has four children, two of them under 18 years of age, together. If they were going to file for divorce, the issues of marital property division, child support, child custody, and alimony would need to be resolved.

Recently, we learned more about the fate of their marriage. Citing “irreconcilable differences,” Maria Shriver officially filed for divorce from Arnold Schwarzenegger in California last Friday. Like Wisconsin, California is a community property state. This means that both spouses are legally entitled to half of the property earned during the marriage.

The divorce filing came six weeks after it became publicly known that Schwarzenegger had an extra-marital affair and had fathered a child with the family’s housekeeper. The couple separated after Shriver learned of the affair.

According to the divorce petition, Shriver is seeking to share physical and legal custody of the couple’s two minor children with Schwarzenegger. The petition also states that the property accumulated during their marriage will be divided at a later time.

Given the tumultuous circumstances surrounding their separation and divorce, one could easily foresee that this divorce would be a hotly contested one. However, the fact that Shriver wants to share child custody with Schwarzenegger indicates that this divorce may be on its way to being settled by the parties.

Source: San Francisco Chronicle, “Maria Shriver seeks divorce from Schwarzenegger,” Carla Marinucci, 7/2/2011

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Single fatherhood on the rise in Wisconsin

Records obtained from the most recent U.S. Census indicate that an increasing number of single fathers have custody of their children in Wisconsin.

The number of homes in which a single father is raising children under the age of 18 has grown by 35 percent since 2000. Households headed by single men with minor children numbered 57,788. This represents the largest growth in family households in Wisconsin.

About 146,000 households in Wisconsin are managed by single moms, representing a 13 percent increase. Couples who are married with children still represent the bulk of households in the state at 68.5 percent though that number is down by about 10 percent since the previous census in 2000.

The transition to being a single parent is not always easy for new parents who often can’t anticipate what managing a household alone with children entails. Single parents call attention to the importance of communicating with the children and being honest with them. Others speak of the need to adjust and to include time for themselves during the day.

Many single-parent households are the product of divorce. However, many single parents are never married. As family law attorneys are seeing a shift towards more single-parent households in Wisconsin, the type of family law cases we handle shift as well. When parents are divorced, the divorce decree will specify the terms of child custody, visitation and child support. On the other hand, when parents are never married, these important issues can be settled in a paternity lawsuit.

Source: GreenwichTime.com, “Census data shows more homes led by single dads,” 19 June 2011

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Jennifer Lopez and Marc Anthony announce divorce

After seven years of marriage, Jennifer Lopez and Marc Anthony announced their divorce in a joint statement this month. “We have decided to end our marriage,” the couple declared in the statement. “This was a very difficult decision. We have come to an amicable conclusion on all matters,” the statement continued. Lopez and Anthony are the parents of three-year-old twins.

Lopez and Anthony dated briefly during the 1990s, became long-time friends, and even appeared in music videos together. Their friendship turned into a romantic relationship in early 2004, just two months after Lopez and actor Ben Affleck ended their engagement. Meanwhile, Anthony was separated from his wife, former Miss Universe Dayanara Torres. On June 5, 2004, Lopez and Anthony married in a quiet home wedding, only four days after Anthony’s divorce from Torres.

Nevertheless, Lopez and Anthony’s divorce announcement is not a surprise. Many even expected this outcome. Rumors of divorce surrounded the couple in 2008, when Lopez attended the premiere of “The Curious Case of Benjamin Button” without Anthony and without her wedding ring. Even though the couple performed together at the 2011 “American Idol” final, many people observed that their show lacked the chemistry of past presentations together.

Rumors increased this month when Lopez took her mother, Guadalupe, as her date to the British Academy of Film and Television Arts gala, where they meet Prince William and Duchess Kate. Two things missing at the BAFTA gala were Lopez’s husband, Anthony, and her wedding ring. Reports circulating in the Internet attribute Anthony’s excessive jealousy and temper to the reason behind the split.

So far, the couple has characterized their split as an amicable one. However, the couple will need to resolve several important issues in order for their divorce to be finalized, including marital property division, child support and child custody.

Source: USA Today, “Jennifer Lopez, Marc Anthony call it quits,” Olivia Barker, 15 July 2011

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Kelsey Grammer reaches child custody arrangement with ex-wife

Child custody battles are never pleasant, whether you’re a celebrity or a regular person working through a divorce. TV star Kelsey Grammer and his reality-TV star wife prove this.

The couple, who divorced in 2011 after 13 years of marriage, struggled to reach a child custody agreement for their 9-year-old daughter and 6-year-old son.

In late July, the couple reached at least a temporary agreement. Grammer’s wife, it turns out, will have custody of the two children more often than will Grammer. The agreement, according to a recent story in the Winnipeg Free Press, also takes into account the travel schedule of the 56-year-old Grammer.

This represents only a first step, though. The former spouses still need to reach an agreement on child support and permanent custody.

Earlier, during the couple’s divorce proceedings, Grammer had suggested splitting up the former couple’s children, with Grammer taking custody of his son while his former wife had custody of the couple’s daughter. Grammer’s ex-wife, though, rejected this arrangement, arguing that such a move would prove a disruptive force in her son’s education.

The Grammers still have much to work out regarding child custody. However, the couple has at least taken the first steps to reaching a compromise agreement. This is an important lesson for all couples working through divorce proceedings today. Reaching agreement over child custody is never an easy process. Couples must consider a host of factors, and must weigh competing interests.

Nevertheless, the goal of any child custody dispute should be to find the best living situation for the children of divorce. Couples who can do this will go a long way toward lessening the impact of their separation on their children.

Source: Winnipeg Free Press, “Kelsey Grammer agrees temporary child custody deal,” 21 July 2011

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Census finds change in Wisconsin divorce and marriage patterns

According to a recent analysis of data from the U.S. Census, people in Wisconsin are getting married and filing for divorce at a slower pace than couples living in the rest of the nation. In the years since the Census Bureau began keeping track of both marriages and divorces in 2008, it found that Wisconsin’s marriage and divorce rates lagged behind the national average.

According to the Census data, only 1.7 percent of Wisconsin men and 1.6 percent of Wisconsin women got married in 2009, compared with the national average of 1.9 percent for men and 1.8 percent for women.

Diana Elliot, a demographer with the Census Bureau, says that these two numbers are strongly related. She believes that many people are delaying marriage, and divorce rates will fall when there are fewer marriages. In fact, delaying marriage is part of a larger national trend. Over the past forty years, the average age at which a man marries has increased to 28 and the average woman married about the age of 26, reflecting an increase of about six years.

However, just because people are delaying marriage does not mean that that are putting off relationships. Cohabitation and having children out of wedlock is becoming increasingly common in Wisconsin. With that in mind, it is important to note the legal ramifications of having children out of wedlock.

When a married couple divorces, the issues of child support, child custody, alimony, and marital property division are resolved in the divorce order. When an unmarried couple with children separates, there is no divorce order. When a mother never marries a child’s father, a paternity lawsuit is needed to determine the issues of child support, child custody and visitation.

Source: The Superior Telegram, “Wisconsin marriage and divorce rates trail the nation’s,” Teresa Shipley, Aug. 25, 2011

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Mel Gibson’s child custody dispute is settled

The child custody fight between Mel Gibson and his ex-girlfriend has been one of the most hotly contested custody disputes in recent memory. As you may remember, Gibson began his relationship with Oksana Grigorieva following his split from his wife, and Oksana gave birth to their daughter. Since that time, Gibson and Grigorieva have had a tumultuous breakup, with embarrassing allegations being publicly hurled by both sides. Gibson and Grigorieva have been involved in their child custody dispute ever since, until now.

Last week, news broke that Mel Gibson and his ex-girlfriend had agreed to a settlement in a child custody case involving their daughter. However, the details remained unclear. A spokesperson for the actor declined to comment as to whether this agreement settled the various issues between the two, but thanked the judge for offering assistance in arriving at the agreement. This week, the details became public.

According to the L.A. Times, Gibson and Grigorieva will share joint legal custody of their daughter. Under their agreement, Grigorieva will be able to remain in her current home with her daughter, and Gibson will pay her $750,000 in three installments over the course of the next five years.

The parties reached an interesting agreement regarding privacy issues and the mansion that Gibson has provided for Grigorieva and their daughter. Upon their daughter’s 18th birthday, the house will be sold and the proceeds will be placed in a trust for the daughter, and not Grigorieva. In addition, the agreement prohibits either party from writing a book about their relationship.

Sources: Los Angeles Times, “Mel Gibson to pay mother of his toddler $750,000,” Richard Winton, Aug. 31, 2011

Reuters, “Mel Gibson, Oksana Grigorieva settle child custody,” Aug. 27, 2011

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Could it Happen in Wisconsin? Gibson to pay $20k in Child Support

In a story that cannot escape from the headlines, Mel Gibson has been ordered to pay an increased amount of child support to Oksana Grigorieva. Previously, he had been required to pay $5,000 monthly to Ms. Grigorieva for the needs of their daughter, Lucia. Now he’ll need to pay $20,000 each month.

Ms. Grigorieva argued the previous amount of $5,000 was insufficient, because eleven-month-old Lucia required extensive security around the clock. Grigorieva apparently requested as much $60,000 per month. In this case, the family court judge did not give her everything she requested, but $20,000 is no small sum. If this was a Wisconsin child support case and not one coming from Hollywood, one would have to ask: Can a father be ordered to pay as much as $20,000 per month for only one child?

The state of Wisconsin has established a formula for determining the amount of child support to be paid. The most important factors are the gross income and assets of both parents. When it comes to couples who have a large disparity in net worth or earning power, large child support awards like the awards in the Gibson case are very possible.

It is important to note that family law judges have a significant amount of discretion when it comes to fixing an amount for child support. Judges can order a greater amount than the fixed percentage, or a lesser amount. The most important factor in this type of decision is the best interests of the child, and the state of Wisconsin has established procedures for judges to depart from the guidelines. Because judges have significant power in deciding how much support is to be paid, it is important to be fully prepared at child support hearings.

St. Petersburg Times: Oksana Grigorieva gets $20k in child support per month from Mel Gibson; Joshua Gillin, 10/1/2010

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Mel Gibson Ordered to pay Child Support Bill

Last month, we wrote about Mel Gibson’s hefty child support bill of $20,000 per month for his 1-year-old daughter. Recently, Mel Gibson and his ex-girlfriend Oksana Grigorieva were back in court arguing over several things, including that $20,000 per month bill, child custody, and visitation.

Gibson has already been paying $6,000 per month for the house Grigorieva shares with her mother. Since being ordered to pay the $20,000 monthly, Gibson has withheld payments while he tried to determine if he could deduct the $6,000 housing payment from the $20,000 child support payment.

Los Angeles Superior Court Judge Scott Gordon denied Gibson’s request that the housing payment be deducted from the child support payment, and ordered Gibson to pay $60,000 in back support.

The matter of child custody and visitation remain unresolved at present. Both Gibson and Grigorieva are seeking custody of their daughter. But, not only does Grigorieva want full custody of the baby, she has requested that the court deny Gibson visitation, alleging he is a danger to the child. Judge Gordon declined to make any decision on this request at this point in the proceedings.

Due to past allegations of abuse and heightened media attention to this case, Gibson is concerned about the potential of more private details and personal information coming to the attention of the media. Because of that concern, he requested a gag order, which would preclude both parties from speaking about the case with the media. Judge Gordon refused to issue a gag order, and Grigorieva taped an hour-long interview with Larry King shortly thereafter. However, Judge Gordon did order the parties’ depositions sealed from public access.

Although the issue of child support is resolved for now, the ultimate issues of child custody and visitation remain to be decided. The next hearing in the Gibson-Grigorieva case is scheduled for next Monday and we will keep you posted when new information is available.

Source: CBS News: Mel Gibson and Oksana Grigorieva Together Again for Closed-Door Custody Hearing; Caroline Black, 11/11/2010

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Case Ruling: Change in Child Support Requires Court Approval

It is not often that a child support case makes it all the way to a state’s Supreme Court, but recently the New Hampshire Supreme court issued a noteworthy opinion on modification of child support obligations. While the law governing in child support differs slightly from state to state, child support works much in the same way in New Hampshire as it does here in Wisconsin.

Generally, child support payments are determined by child support guidelines established by the state. The guidelines look to a variety of factors, but they focus heavily on parental income.

The New Hampshire case involved a father of a four-year-old girl who had lost his job with a pool company. He had been paying $57 dollars per week two years ago, but a private agreement between the father and the girl’s mother lowered the amount he paid to $50 per month.

The state Division of Child Support Services sent him a bill for past due support last summer after his ex-wife applied for food stamps. The father challenged the bill, but lost in trial court. He appealed the ruling to the New Hampshire Supreme Court, but the Supreme Court ruled that the father is responsible for about $5,000 in back child support payments.

The justices ruled that a private agreement between parents had no effect on a court ordered amount of child support, because the state established child support guidelines that are designed to protect the interests of children when calculating child support payments and court orders for child support are meant to enforce those guidelines. Because child support orders come from a court of law, those orders create an obligation that cannot be altered by a private agreement between two parties. The court found that the parents in this case created a child support arrangement that did not follow the state’s guidelines.

If they had sought a modification of child support payments based on the father’s loss of income, one would likely have been granted. However, the modification would have needed to be monitored by a court that would have taken the child support guidelines into consideration. If you have a question about modifying child support payments, an experienced family law attorney can help inform you of your legal rights and options.

Source: Boston.com, “Court must approve change in child support amount,” Lynne Tuohy, 12/22/2010

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