Divorcee Asks for $46,000 a Month in Child Support

Posted by Steven D. Eversole | Aug 09, 2011 | 0 Comments

The Toronto Sun reports that former supermodel Linda Evangelista is demanding $46,000-a-month in child support from her former husband, mogul Francois-Henri Pinault.

It may be the largest amount of child support sought in the New York court, the magistrate judge on the case has said.

Daddyanddaughter

It's a staggering amount to request, bu tchild support in Birmingham divorces is an essential part of divorce process. An aggressive Birmingham Divorce Lawyer will look at all aspects of the case and assess the best way to approach it, including whether to seek child support or alimony and how to defend against it.

According to the news report, Evangelista, 46, filed the request to take care of her 4-year-old son in Manhattan Family Court. The model claims Pinault hasn't contributed to the costs of taking care of the boy since he was born. The request would cover security costs for around-the-clock armed chauffeurs and a full-time nanny.

The French billionaire, who is now married to actress Salma Hayek, is fighting the request, questioning why she would need so much to care for the child. Evangelista, who the newspaper reports is worth $8 million, said she relies on staff to care for the child when she's on assignment. When asked by the judge how many hours she works per week, she said she can work up to 16 hours a day on assignment, but must go to beauty appointments, the gym and other image-savers on off-days.

Child support in Alabama divorces can be contentious because it deals with finances, which can be tight around the time of, and after, a divorce. Because money is always a sore subject in divorce cases, being forced to write a check each month can be tough to swallow.

In Alabama, the first issue of dealing with children of divorce is who gets custody. Child custody in Alabama divorce is typically determined by what the court determines is in the best interest of the minor child. There are several forms of custody — temporary, legal, physical and joint. Temporary is ordered when the divorce is first filed, while legal custody defines where the child will remain once the final order is signed. Physical custody determines where the child lives and when visitation is granted. State policy encourages joint custody in all cases, but the court can deviate, depending on a list of factors.

Once custody is determined, a judge can decide how much the parent not living with the child must pay. This is calculated based on all relevant income and if unemployed, a court can still determine an amount based on potential earnings, education and employment history. A judge can factor in outside reasons as well.

This is where the debate skills of an experienced Birmingham Divorce Lawyer can come into play. Judges typically make these decisions based on documented proof, but also on the argument of a lawyer who can show how much of a hardship unreasonable amounts of child support may be or how the money must be awarded in order to care for the child.

About the Author

Steven D. Eversole

J.D., Samford University's Cumberland School of Law, Birmingham, Alabama B.A., University of Alabama, Tuscaloosa, Alabama

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