Over the years I’ve discussed a number of family law issues that have run the gamut from child support to restraining orders. Although each of my previous blogs have generally centered on one particular issue, family law cases are multi-faceted in nature and it is common for a single case to contain layers of issues that must be peeled away before reaching a final resolution.
HALLE BERRY LEGAL ISSUES AND NEW MEXICO DIVORCE CASES
Academy Award-winner, Halle Berry, is experiencing a number of legal issues that also overlap and intersect into many family law cases in New Mexico. Last week, Berry was ordered by a Los Angeles Superior Court to pay $16,000 a month in child support. The Court also ordered Berry to pay $115,000 in back child support. In addition to child support, Berry is also dealing with parental relocation issues, as well as issues surrounding restraining orders.
Berry’s legal issues shine a spotlight on a common misconception in family law: the misguided belief that only men are required to pay child support.
HOLLYWOOD DIVORCE AND CHILD SUPPORT IN ALBUQUERQUE, NEW MEXICO
In reality, the child support guidelines are wholly unconcerned with the sex of each parent, focusing exclusively on issues such as: (1) the gross income of each parent, (2) the timesharing arrangement, (3) number of children involved, (3) health and dental insurance premiums paid on behalf of the child or children, (4) work-related child care expenses (5) extraordinary expenses incurred on behalf of the child(ren).
The factors outlined above are the only factors used to determine child support. As you can see, the guidelines do not consider whether the parent responsible for paying child support is the father or mother.
For an in depth discussion of how child support is calculated click here: Calculating Child Support.
Ongoing child support is just the tip of the iceberg for Berry. In addition to ongoing child support, Berry was also Ordered by the Los Angeles Court to pay back child support in the amount of $115,000.
When addressing back child support – also called Arrears – there are one of two paths that the court takes to determine the amount of retroactive child support that is owed. The first path involves parents that were married. In this situation child support begins once the divorce is finalized, with child support potentially going back to the date of divorce.
The second path is a bit more convoluted and involves parents that were never married. With this path there are two different scenarios that determine when child support begins. The first scenario involves parents that do not live together. In this scenario child support is retroactive to the date that the child was born. Alternatively, in the event that the parents were living together when the child was born, then child support is only retroactive to the date that the parent’s separated, and no longer lived in the same home.
Interestingly, a recent Albuquerque, New Mexico case – Zabolzadeh v. Zabolzadeh, 2009-NMCA-046 – is working its way through the New Mexico Court of Appeals. According to Zabolzadeh, in situations where a Father signs an Acknowledgment of Paternity at birth, or has been previously adjudicated as the Father of the child, child support is only retroactive to the date that the Petition to Establish Child Support was filed – not the date of the child’s birth. Nevertheless, in this situation there must be a signed Acknowledgment of Paternity, which is the equivalent to a legal adjudication of paternity.
Lastly, under Albuquerque, New Mexico law there is a 14 year statute of limitations that surrounds back child support. In other words, a parent has 14 years to file a claim for back child support, with the date going back to the day that each child support payment became due and payable.
Similar to many family law cases, child support is just the tip of the ice berg and Berry has a number of legal issues that remain unresolved. In addition to child support, Berry is also asking the Los Angeles Court for permission to relocate to France with her daughter. For an in-depth discussion of parental relocation click here: Parental Relocation in Albuquerque.
In addition to child support and parental relocation issues, Berry’s nanny recently filed a restraining order against the child’s father – a topic that I previously discussed in a prior blog by clicking here: Restraining Orders in Albuquerque, New Mexico.
