December 9

Terrell Owens Admits He Is Paid to Tweet – Court Can Impute This Income

Terrell Owens Admits He Is Paid to Tweet – Court Can Impute This Income

Former NFL Star Terrell Owens has recently claimed that he has no income but has also made statements that he is paid by private companies to tweet advertisements on their behalf. This raises the question of what custodial parent can do in a child support proceeding when a non-custodial parent claims or offers evidence of an inability to pay support or a greatly reduced income.

New York’s Domestic Relations Law §240 and Family Court Act 413 address this issue. These statutes enable the court to impute income to the non-custodial parent and include that income when reaching a final decision on the case.

November 18

Mechanisms for Enforcing Payment of Child Support in New York

Mechanisms for Enforcing Payment of Child Support in New York

New York’s Domestic Relations Law (DRL) and the Family Court Act provide a number of remedies to enforce support obligations.

Garnishee (also known as Income Execution / Income Deduction Order) – A process by which payments for current and/or overdue support are deducted from a noncustodial parent’s wages or other income by the noncustodial parent’s employer or income payor. Additionally, a noncustodial parent’s pension can be levied.

Entry of Judgment – A money judgment will be awarded when a court finds that the noncustodial parent is in support arrears, regardless of whether the failure to pay support is willful or non-willful. A money judgment also acts as a lien against any interest in personal property or real property (such as a house) in the county in which it was filed

November 10

Terrell Owens’ Failure to Appear in Child Support Proceeding Results in Arrest Warrant

Terrell Owens’ Failure to Appear in Child Support Proceeding Results in Arrest Warrant

As a follow-up to an earlier post regarding a contempt proceeding brought against Terrell Owens for his alleged failure to make child support payments, Owens failed to appear in a California’s Contra Costa County Court on October 24, 2011 in a separate child support matter. According to a spokesperson, Owens attempted to adjourn the case but, for undisclosed reasons, he was unsuccessful.

October 31

Kim Kardashian Divorcing Kris Humphries and Doesn’t Want to Pay His Attorney Fees

Kim Kardashian Divorcing Kris Humphries and Doesn’t Want to Pay His Attorney Fees

According to TMZ, after 72 days of marriage, Kim Kardashian has filed for divorce from her husband Kris Humphries. Currently a free agent, Humphries played Power Forward for the NBA’s New Jersey Nets from 2009 to 2011. Kardashian’s petition seeks, among other relief, a declaration that each party is responsible for their own attorney fees.

In divorce actions, courts often have the power to order one spouse to pay the attorney fees of the other spouse in order to create a level playing field in the litigation and to assure that both parties have access to capable representation. This prevents the spouse with greater assets from “bullying” the other spouse into settling the case.

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