NBA all-star Shaquille O’Neal has filed for divorce from wife, Va’Shaundya, in Miami Dade County Florida, where the two live, and Shaq plays for the Miami Heat NBA team.

Shaq and Va’Shaundya married on December 26, 2002 and have four children - two of whom the couple had before they married in 2002.

The petition filed by Shaq indicates that the parties entered into a cohabitation/prenuptial agreement. A copy of the agreement was filed with the court under seal so it is not available to the public, but since the agreement is titled “Cohabitiation/Prenuptial Agreement,” we know that it addresses the time time period that Shaq and his wife lived together but were not yet married. The agreement probably limits or defines any rights Va’Shaundya would be entitled to for the cohabitation period (the time when the couple live together before they were married). Without such an agreement, Va’Shaundya may be entitled to certain rights such as spousal support based on the time period they lived together before they were married.

The prenuptial agreement most likely defines the amount and duration of spousal support Va’Shaundya will received in the divorce as well as the division of community property. Child support, however, can’t be limited or defined by a prenup. Presently, there are no reports that Va’Shaundya is contesting the prenuptial agreement. If the enforceability of the agreement is not challenged by her or her attorneys, the prenup will determine the terms of divorce.

According to the divorce petition, Shaq has concerns that during the marriage Va’Shaundya may have placed community funds or property into her own name without his permission. Shaq requested that the court issue temporary restraining orders restricting Va’Shauanda from getting rid of or tranferring any assets and requested that Va’Shaunda be ordered to provide an “accounting” (a detailed list) of all property in her possession or under her control.

Tom Brady, NFL quarterback for the New England Patriots, recently had a child with actress Bridget Moynahan. Bridget and Tom dated for three years, but were never married. The couple broke up shortly after Moynahan found out she was pregnant.

Brady has never disputed paternity of the child, but news reports indicate that he has not requested visitation with the baby. Regardless of whether Brady has visitation with the baby he will be obligated to pay Moynahan child support. Child support is typically determined by a software program that takes into consideration the income of both parents and the percentage of time the child is with each parent. Usually the less time the non-custodial parent spends with the child, the more child support that parent is obligated to pay.

Tom Brady is a “High Wage Earner”

Brady will most likely argue that the software program should not be used to calculate child support because his income is so high that the program will generate an amount that far exceeds the child’s needs. The court will likely agree that Brady is a high wage earner and base child support on the needs of the child. However, it is also public policy that the child should enjoy the same lifestyle as the paying parent, so the court will also be looking to Brady’s lifestyle in determining child support.

Related Post: How Much Does Tom Brady Pay in Child Support

Demi Moore’s half brother, Morgan Guynes, is in a heated custody battle with his ex-wife, Lesley, over their twin boys.

According to Lesley, Demi and Ashton Kutcher (her husband) have been paying Morgan’s expensive legal bills. On July 19, 2007 in a Van Nuys (California) courtroom, Lesley was granted physical custody of her sons who were previously living with Morgan in Beverly Hills at the home of Aston and Demi. After the hearing Lesley returned with the boys to her home state of Georgia.

Lesley was ordered to return to Los Angeles with the twins at the start of the school year. The court ordered that a custody evaluation be performed to decide who the children will live with. Custody evaluations are expensive, sometimes costing $10,000, and can take to 8 to 10 months to complete.

Custody evaluations are performed by court appointed evaluators who are therapists or social workers. The custody evaluator will meet with both parents and often other family members as well as the children. It is likely that the evaluator will want to speak with Ashton and Demi as well. The evaluator will want to observe the children with each parent in that parent’s home, and will issue a report which will conclude which parent should have custody. It is within the court’s discretion to adopt the evaluator’s recommendation, and the courts usually do.

Who is Commissioner Scott Gordon?

Scott Gordon was a former Santa Monica police officer. He attended Southwestern University School of Law in Los Angeles and joined the District Attorney’s office in 1985, where he was assigned to criminal cases. While a District Attorney Scott Gordon also taught criminal law classes at Southwestern Law School. I was fortunate to have Scott Gordon as a professor at Southwestern - he was an excellent teacher and well liked by students.

In 2002, Scott Gordon was elected a Superior Court commissioner and served in the criminal courts. Around 2004, he was assigned to the family law courts. As a family lawyer I had the opportunity to have cases in his court room, and in my experience, Commissioner Gordon is a fair judge; he understands family law and makes well-reasoned and thoughtful decisions. He is considered among the best family law judges in Los Angeles county.

What is the Difference Between a Commissioner and a Judge?

A commissioner is a lawyer who is elected to the judicial position. A commissioner has the same powers as a judge, but parties to the action (i.e.: plaintiff and defendant) must agree or stipulate to have their case heard by a commissioner instead of a judge. If one of the parties doesn’t agree to the commissioner the case will be moved to a courtroom in which a judge presides.

Commissioner Scott Gordon’s Most Recent Orders

At the last Spears Federline hearing, Commissioner Gordon ordered that Britney have monitored visitation with a parenting coach present. Commissioner Gordon also ordered Spears to undergo random drug testing.

Melanie Brown, better known as Scary Spice of the popular girl group the Spice Girls, recently alleged that actor/comedian/singer (yes, singer) Eddie Murphy was the father of her new born daughter. Eddie Murphy vehemently denied that he fathered Melanie’s child. Ultimately, however, blood test results determined that Eddie Murphy was in fact the father.

What Does This Mean For Eddie Murphy?

Even though the couple were never married, according to California law, Eddie Murphy will be obligated to pay child support. He also has custody and visitation rights, but according to recent reports has chosen not to exercise his visitation rights.

Since Brown Recently Married Does Murphy Still Have To Pay Child Support?

In California, new spouse income will not be considered in determining child support, so Ms. Brown’s marriage to producer Stephen Belafonte will likely not affect the amount of child support Mr. Murphy must pay. So, even though the Brown/Belefonte household income will likely increase, that has little impact on any child support calculations that affect Eddie Murphy.

However, if Ms. Brown’s new husband wants to adopt the child as his own (stepparent adoption) and Mr. Murphy relinquishes his custodial rights, Mr. Murphy will no longer be obligated to pay child support and will also lose all visitation rights.

Did Britney Really Lose Custody?

The court files in the Spears Federline custody dispute have been sealed and the courtroom during the custody proceedings are closed to the public, so the details of the custody battle are not known. However, Britney most likely did not lose complete physical custody of Jayden James and Sean Preston. The parent that has the most custodial time with the children has primary physical custody and the other parent has visitation. Until recently, Britney had the children the majority of the time and Kevin had visitation. Pursuant to the most recent court order issued by Commissioner Scott Gordon, Kevin now has the children the majority of the time and Britney has limited visitation. The court may have even ordered that Britney have supervised visitation. Supervised visitation means that the parent can only exercise visitation if a specific person of the court’s choosing is present. Often the court will order that a nanny or social worker be present. That person would also be expected to report back to the court about the visitations. Supervised visitation is most often ordered when a parent abuses drugs and/or alcohol and the court has determined that the safety of the children is at risk or if the parent has a history of domestic violence.

Why Did The Court Decrease Britney’s Visitation with the Children?

From the very few documents and information released by Britney’s and Kevin’s attorneys it appears that Britney’s time with the children was decreased because she failed to comply with the court’s orders. Apparently, the court ordered Britney to submit to alcohol and drug testing and to attend parenting classes. Britney did not comply. The court will make a change or modification to an existing custody order when it concludes a modification would be in the best interests of the children.

Will Britney Get the Kids Back?

If Britney follows the court’s orders and submits to drug/alcohol testing and attends parenting classes it is likely that her time with the children will be increased. The courts would “like” to be able to award both parents equal time with the children. If there are no concerns about a parent’s ability to take care of the child both parents will usually share custody 50/50. As long as Britney complies with the court’s orders and there are no concerns about her ability to care for the children she will most likely eventually share equal custody with Kevin.

Does Custody Affect Other Aspects of the Divorce?

The custodial arrangement determines the amount of child support to be paid. The parent who has the children the majority of the time is entitled to child support from the other parent. Both parents’ income is also taken into consideration. If Kevin’s custodial time increased he will be entitled to more child support from Britney. Child support cannot be limited by a premarital agreement so Britney and Kevin were not able to predetermine or limit child support in their premarital agreement.