California Law: Who is the “father” of Kim Kardashian’s baby?

Under California law the issue as to who the “father” of Kim’s baby may prove to be an interesting one.

Under California law, Family Code s7611, “a man is presumed to the natural father of a child if…(a) He and the child’s nautral mother are or have been maried to eachother and the child is born during the marriage, or within 300 days after the marriage is terminated..”

In Kim’s situation of a pending divorce and a soon to be baby this may prove to cause some issues in the love and litigation triangle she has create with Kris Humpries and Kanye West. Although, Kim has been openly claiming that Kanye is the father of her unborn child her marriage to Kris can cause legal issues once the child is born.

Under this law Kris could legally lay claim to the baby and the burden would be placed upon Kim to prove that Kanye is the father of her child, likely through the use of a DNA test which wouldn’t be a hard hurdle to pass. Based on the latest reports that Kris is attempting to have their 72-day marraige annuled instead of a divorce as Kim has been seeking it is unlikely that he would attempt to obtain a legal claim to her unborn child.

But with their history and the bitterness that often surrounds litigious divorces who knows what these two, soon to be three, will do next….

** This blog, and the individual posts on the blog, are for informational purposes only, do not provide a substitute for engaging legal counsel, and do not constitute legal advice or solicitation for legal services. Any legal advice should be tailored to specific clients and their specific needs. No attorney-client relationship is created by any use of this website. You should not rely on any information in this blog.**

How Will My Partner’s Child Support Obligation Effect Me If We Get Married?

Legally, speaking and obligation wise it will not effect you.  Your new spouse will continue to owe child support to the parent of their children, however that debt and liability will not become yours upon marriage.

In understanding this concept it is necessary to understand the difference between “community property” and “separate property” debts as well as income.

Community property debts are debts that were acquired during marriage and not solely based on separate property assets.  A specific example of a debts acquired during marriage that could be deemed a separate property debt would be where a husband had a premarital home that he used as collateral for a loan, in that case the wife would have a valid argument that the debt, loan, was his separate property debt for him to pay back as the loan company solely relied on his separate property assets in providing the loan.  (Additionally, in that case she could have an argument for reimbursement for community property funds that were used to re-pay the loan assuming that was done during the course of the marriage out of community property earnings.

Community property earnings, income, are all sources of income earned between the date of marriage and date of separation from employment, private business, etc.

To that end, preexisting child support, or arrearages, owed by your spouse is your spouse’s separate property debt but one that will likely be paid for our of his community property earnings.  Simply stated the debt his is responsibility and his wages can be garnished, however yours shouldn’t be, but he reasonably will be paying the debt with income earned during marriage (community property earnings).

With that stated your spouse’s child support obligations, debt, can effect your life if you commingle your money in a joint banking account or place your spouse’s name on your bank account as it is possible for bank accounts to be levied in an attempt to recoup past due child support.  If you are able to trace, show the source of the funds, and prove that it is from your separate property or that it is from your earnings the court should order the funds released back to you.  HOWEVER, in order to avoid that legal process and unnecessary expense and stress if this is a situation you are predicting may occur it is safer to simply keep your accounts separate and keep your spouse’s name off your accounts to protect the money.

Additionally, if heaven forbid you and your spouse end up separating later down the road you will have a valid argument for repayment of half of all child support that was paid during marriage out of your spouse’s community property earnings as the debt for child care was a separate property debt that was being paid out of community property earnings (assuming he didn’t pay with separate property earnings etc).

This analysis and explanation is a cursory one and is only meant to provide basic information, every case is different with specific facts that need to be analyzed in reaching a legal conclusion.

** This blog, and the individual posts on the blog, are for informational purposes only, do not provide a substitute for engaging legal counsel, and do not constitute legal advice or solicitation for legal services.  Any legal advice should be tailored to specific clients and their specific needs.  No attorney-client relationship is created by any use of this website.  You should not rely on any information in this blog.**

New Supreme Court Case: What are the repercussions for not paying Child Support?

Recently a case, Turner v Rogers, came before the US Supreme Court where a Father who was no longer able to pay overdue child support in the amount of $6,000 was thrown in jail by the Court.  In the case the Father was able to establish that he was financially unable to afford the monthly child support, however the Court failed to take that into account when making it’s ruling to punish him with imprisonment.

The Supreme Court ruled that putting him in jail violated his constitutional rights because they failed to take into account whether or not he was financially able to make the payments.

Due to the current financial situation of the Country and the impact on numerous individuals it isn’t surprising that the high court is taking this stance.  The unfortunate reality is that many parents are currently suffering financially and are unable to meet their prior orders of the court regarding the support of their children.  While it is reasonable and understandable that parents should be held responsible for their obligation to support their children it is unrealistic and unreasonable to not take into account the parents financial situation such as a loss of a job due to the downturn in the economy.  Especially when it may lead to be labeled a “deadbeat” overnight and imprisoned due to the failure to pay child support which in all logic would only guarantee that the parent is unable to earn income due to their time in jail.

There are many experts that are optimistic that the Supreme Courts ruling will have a positive impact in the lower courts application and evaluation of “deadbeat” parents before forcing any jail time.

It is important if you are facing a case where you owe child support, whether you owe arrearages or are able to maintain your monthly payments, that you consult an attorney who knows the current law and is able to fully articulate your situation to the court in order to provide you the most beneficial outcome.

For a free consultation call (949) 478-3160.

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This blog, and the individual posts on the blog, are for informational purposes only, do not provide a substitute for engaging legal counsel, and do not constitute legal advice or solicitation for legal services.  Any legal advice should be tailored to specific clients and their specific needs.  No attorney-client relationship is created by any use of this website.  You should not rely on any information in this blog.

Information obtained from this Washington Post article.