Just when it appeared that the custody battle between Britney Spears and Kevin Federline was headed to trial next month, the parties have reportedly settled their differences. Federline’s longtime attorney Mark Vincent Kaplan advised the media that a very detailed settlement memo has been signed by both Spears and Federline. They are due in court this morning to ask Commissioner Scott Gordon to approve the deal.

The agreement gives Federline sole legal and physical custody of the former couple’s two sons, Sean Preston and Jayden James. Spears will continue to have substantial visitation with the children. Sole legal custody will give K-Fed final decision-making authority over any important child-rearing decision - including educational, religious and medical choices.

A different Los Angeles County judge is scheduled to review the conservatorship which Spears’ father had put in place earlier this year to stabilize her life and financial affairs later this month. It seems unlikely that Gordon would have granted Spears any degree of legal custody over her boys unless and until she is deemed mentally fit enough to have some legal control over herself (i.e. the discontinuation of the conservatorship). Kaplan indicated that the agreement deals with how to handle custody in the event that the conservatorship is ended. He also noted that, while this agreement allows the parties to avoid trial and end the two year battle over the boys, custody is always modifiable in the future if circumstances change.

The Tompkins v. Jackson courtroom battle continues. As we have previously reported here on the MyFamilyLaw Celebrity Divorce Blog (see our April 4th post and our May 30th post), rapper 50 Cent and his son’s mother, Shaniqua Tompkins, have a contentious and litigious history. Tompkins took 50 to court last year to increase her child support (she ultimately received far, far less than she requested). Then, earlier this year, he attempted to evict her from a home he owns on Long Island, which she claimed was purchased for her and should have been deeded to her. The home then suspiciously burnt down. Tompkins blames her former lover.

There is no word yet on a cause for the fire and a New York judge has ordered the rapper to hold onto the house and any insurance proceeds he may collect until the investigation is complete. Tompkins has obtained a restraining order requiring 50 Cent to stay away from her and to pick up their son Marquise at the curb, instead of at the door. 50 Cent maintains that he has not attempted to have any contact with Tompkins and claims that she has refused him access to Marquise since the fire.

This morning, a Long Island judge granted 50 Cent extended visitation with Marquise from August 3 through August 12. Both mother and father were required to take drug tests at the courthouse before the judge ruled. 50 tested clean; Tompkins tested postive for the presence of cough medicine. The case will be revisited on September 15.

Earlier this week, Tompkins threatened to throw a wrench in the proceedings when she claimed that 50 Cent’s attorney, Brett Kimmel, had a conflict of interest. Tompkins claimed that she consulted with Kimmel prior to initiating the custody and child support case last year. In general, attorneys are ethically prohibited from representing clients if they have previously represented or even consulted with the opposing party. It is unclear why Tompkins waited a year to complain about the alleged conflict. The judge denied her request to disqualify Kimmel from representing her ex.

Stay tuned for the next installment…

Staying up through the night, supermodel Christie Brinkley, her husband and now internationally-known cad Peter Cook and their attorneys Robert Cohen and Norman Sheresky finally settled their contentious divorce case at 6:00 a.m. this morning. Brinkley and Cook participated in over a week of trial in Central Islip Supreme Court. Testimony was bitter and embarassing.

The two had been battling over certain financial matters as well as custody and visitation of their two children, Jack and Sailor. Cook’s position as to both money and children was damaged by multiple witnesses reporting extramarital affairs, an internet pornography habit, covert payments of hush money to a mistress and cruel behavior towards the children. A psychologist hired by Brinkley to perform a custody evaluation testified that Cook has severe narcissistic personality disorder.

The agreement gives Brinkley sole legal and physical custody of the kids. She will therefore be allowed to make all final child-rearing decisions herself but must at least consult with Cook first on major issues. Cook get visitation every Wednesday and every other weekend. Brinkley also keeps 18 disputed pieces of real estate and a boat. She agreed to pay Cook $2.1 million, most of which will go towards his attorney’s fees. The other terms of the settlement remain confidential.

Money doesn’t buy happiness. If you ever needed proof of that, take a look at New York Yankee Alex Rodriguez. The superstar third baseman makes $28,000,000 a year in salary - plus endorsements. And he’s having a pretty decent year on the field. But his personal life? A complete and utter mess.

A-Rod’s wife of five years, Cynthia Scurtis Rodriguez, plans to file for divorce on Monday, July 7, according to her attorney. Cynthia has hired Houston divorce attorney Earle Lilly and Miami divorce attorney Maurice Kutner to represent her in the Miami-Dade County, Florida courts. A-Rod was raised in Miami and the couple has always kept a home there.

The news of the filing comes on the heels of a week of tabloid speculation that A-Rod has been having an adulterous affair with singer Madonna. Madonna has denied any improper relationship. A-Rod has not commented.

Attorney Lilly, however, has done more than commented. Not holding back, Lilly told the press that the “relationship with Madonna was the final straw for Mrs. Rodriguez.” The divorce papers reportedly cite a long period of infidelity on A-Rod’s part as well as emotional abandonment of his family. Rodriguez was spotted on several occasions with a Las Vegas stripper last year. A photograph of the two ultimately made the newspapers. (Florida is a no-fault divorce state - so such allegations will only be relevant to (1) argue that A-Rod is unfit for custody of his children; (2) potentially trigger some contingency clause in a prenuptial agreement that might pay off for Cynthia or (3) convince a judge that A-Rod’s behavior should result in an uneven distribution of assets.)

The Rodriguezes have two daughters, Natasha, age three, and Ella, born on April 21 of this year. Rodriguez has allegedly only seen Ella a handful of times since her birth. It seems likely that Cynthia will seek sole legal and physical custody of the children - but that is yet to be seen.

Lilly, who previously represented the common-law wife of Yankees’ Hall of Famer Dave Winfield, is said to be reviewing the former couple’s prenuptial agreement. Rodriguez is reportedly worth close to a billion dollars but was already an extremely wealthy man at the time of the couple’s marriage in late 2002. Much of his fortune may be premarital and protected by the prenup. If the prenup is challenged and found invalid for any reason, Florida courts will equitably distribute the marital assets between husband and wife - meaning whatever division is deemed “just and proper” in these particular circumstances.

Just as expected, the Christie Brinkley-Peter Cook divorce trial started this week and things quickly got very ugly for Cook. The trial started on July 2nd in Central Islip Supreme Court in Suffolk County, New York (Long Island). Brinkley and Cook previously argued over whether or not the trial would be open to the public. Brinkley won that battle and the press has been all over the trial details, reporting witness testimony almost in real time.

Day One saw Cook take the stand and admit to an online pornography habit, trolling swinger’s websites and masturbating for strangers via webcam. Cook apparently spent $3,000 a month on internet porn.

The architect also admitted an extramarital affair with his then-18 year old office assistant, Diana Bianchi. He even testified that he hired her specifically with the intention of having sex with her. He paid Bianchi a $20,000 salary and regularly gave her cash gifts. When the affair ended, he gave her $300,000 to keep quiet about the relationship.

Bianchi, Bianchi’s stepfather (who revealed the relationship to Brinkley) and Alexa Ray Joel, Brinkley’s daughter with musician Billy Joel, also testified on the first day of trial.

Brinkley and a good friend of hers testified on the second day of trial. Neither revealed much in the way of new details.

Cook and his attorney Norman Sheresky made known their belief that Brinkley’s emotional anguish on the witness stand was merely acting and that the open hearing is Brinkley’s attempt at revenge.

Both Brinkley and Cook are seeking sole custody of their two children, Jack and Sailor. The custody phase of the trial begins Monday, July 7.

Source: New York Post, People

Hip hop mogul Russell Simmons and his model/fashion designer/reality TV star wife Kimora Lee Simmons separated in the spring of 2006. They just got around to filing for divorce in March of this year. At the time of the initial divorce filing, Kimora sought sole legal and physical custody of the couple’s two daughters, Ming (age 8 ) and Aoki (age 5). She asked that Russell be granted visitation but only if the children were accompanied by their nanny and security personnel. There was no explanation for the restrictive request.

Russell’s official response to the divorce petition indicated that he wanted joint legal and physical custody of the girls. This week, however, the Simmons entered into a permanent agreement as to the custody, visitation and support of their children. And is it ever unusual!

Russell has agreed that Kimora can have sole legal and physical custody of Ming and Aoki. This gives Kimora final decision-making authority over any major child-rearing issue including education, health, activities and religion. The only activity that the former couples must agree upon is any “professional endeavor.” If mom and dad don’t agree, an independent attorney has been appointed to make a binding decision on behalf of the children. Only in Hollywood…

As for visitation, Russell will have the girls with him for one full week, every eighth week. And, he has apparently agreed, the kids will be accompanied at all times by their nanny and security personnel chosen by Kimora. The rest of the parenting plan is rather standard - outlining the division of holidays, allowing for regular phone contact between parents and children and restricting each parent from bad-mouthing the other in front of the kids.

Russell’s child support obligations are equally interesting. He has agreed to pay $40,000 per month in child support ($20,000 for each child). Additionally, he agreed to purchase a car for the benefit of and use by the kids - and the car must cost at least $60,000. And he has to replace it every two years! These provisions are unusual to say the least - and definitely exceed the standard child support award.

The rest of the divorce case is apparently still pending. Each spouse has a financial empire to be evaluated and divided - Russell owns and runs DefJam Records; Kimora runs the BabyPhat fashion company and several other fashion-related ventures. Russell is represented by attorney Lance Spiegel of Kaufman Young Spiegel Robinson & Kenerson. Spiegel is a partner of high profile divorce attorney Robert Kaufman and has previously represented Heather Locklear, Charlie Sheen and Michael Jackson. Kimora’s attorney is Dan Jaffe of Jaffe & Clemens. Jaffe has previously represented such notables as Anne Heche and media mogul Rupert Murdoch’s first wife Anna Murdoch.

Britney Spears and Kevin Federline were back in court in Los Angeles this morning, discussing the visitation schedule of their two young sons, Sean and Jayden. Reportedly, Spears was awarded overnight visitation with the boys after the court heard testimony from the court-appointed parenting coach/evaluator. The children had been in the sole custody of Federline since Spears’ psychiatric hospitalization early this year. Spears had very limited, supervised visitation for quite some time following her release from the hospital. That visitation was expanded about six weeks ago to three full days a week, supervised.

Another happening of note in the Spears-Federline saga, super-divorce-lawyer-to-the-stars Laura Wasser has re-entered her appearance in the case on Spears’ behalf. It was Wasser who successfully negotiated the original joint custody agreement during the initial divorce proceeding almost a year ago. As Spears’ strange behavior escalated in the late summer and early fall of 2007, Wasser withdrew from the case.

Reports indicated that she did so because Spears would not listen to her advice. Wasser was followed ever so briefly by attorney Mel Goldsman at Freid and Goldsman. He was followed by lawyers Sorrell Trope and Ann Kiley of Trope and Trope. Most recently, Spears has been represented by Stacy Phillips of Phillips Lerner Lauzon & Jamra. The reappearance of Wasser is seen as an indication that Spears - assisted by her father and conservator Jamie Spears - is generally more stable than in the recent past. It is unlikely that Wasser would have agreed to rejoin the Spears camp if she did not believe that the previous communications problems had been resolved.

Federline has been represented by attorney Mark Vincent Kaplan since the divorce case began.

On Thursday, NBA good guy and Houston Rockets star Tracy McGrady was ordered to pay a Bradenton, Florida woman $54,156 a year in child support for their daughter, as well as provide health insurance and school tuition. Pearl Vega gave birth to McGrady’s child in November 2005. McGrady married his girlfriend of 10 years the following year, and they have two children together. This paternity suit was subsequently filed in Sarasota County, Florida.

Vega made approximately $33,000 in 2005. She had requested child support of $204,000 a year, arguing that such an amount would be in line with McGrady’s $21.6 million annual income and would give their child a lifestyle more like that of McGrady and his other children. During the two day trial this week, testimony detailed that lavish lifestyle. McGrady, his wife and other children live in a six-bedroom, 23,000-square-foot house with a pool outside Houston, spending almost $7,000 per month on a chef and housekeeper.

The McGradys gave one of the other kids a $16,000 birthday party and spend about $45,000 per month for personal travel, visiting New York, North Carolina, Florida, Atlanta, California, the Turks and Caicos Islands, the Bahamas, Mexico, the Virgin Islands, and Rio de Janeiro. The other McGrady children reportedly stay in five star luxury hotels, have private preschool and tutors, and receive thousands of dollars of new clothes every month.

McGrady’s attorneys argued that child support should be determined based upon the reasonable needs of the minor child and not the mother’s desire for a high lifestyle. Ultimately, the judge ruled that Vega had overstated the child’s needs and has “used child support to enhance her personal lifestyle and that of her other two children.” (On a similar note: New York courts basically told Shaniqua Tomkins, mother of rapper 50 Cent’s son, the same thing - the father’s income and the ultimate child support award in that case were very similar to the McGrady case. Check out our April 4, 2008 story on that case for details.)

“It is inappropriate for Ms. Vega to use child support as a means to further her education when she chooses to attend college as a full-time student and expects Mr. McGrady to pay for tuition, a full-time nanny and other domestic help,” Judge Donna Berlin wrote in her decision.

Vega’s attorneys have already indicated that they will appeal the ruling.

Source: Sarasota Herald-Tribune

In an unusual twist, former supermodel Christie Brinkley is fighting to keep her divorce case open to the public, including the press. Celebrities are notorious for seeking ways in which to keep their legal and personal battles away from the eyes and ears of the media. In this case, however, Brinkley feels that an open courtroom is the only way to repair her reputation from allegations and insinuations made by her estranged husband, architect Peter Cook.

Brinkley filed for divorce in July 2006 after 10 years of marriage. The former couple has two children: Sailor, age 9 and Jack, age 12 (Jack was Brinkley’s son by a former marriage but was adopted by Cook). An attorney appointed to represent the interests of the children (generally called a guardian ad litem) has asked the court to keep the proceedings closed to protect the children. Several media outlets have, of course, filed motions in support of Brinkley’s position.

The couple split when it was revealed that he had been having a year-long affair with his 18 year old intern/assistant. Cook has admitted the affair, saying “I’m sorry. I’m contrite. I’m stupid. Foolish. No excuse.” Sources now claim that Brinkley has more dirty laundry to air. And if she has it her way, it will be aired in a public courtroom. Brinkley will supposedly allege that Cook trolled Internet porn sites and regularly logged on to swingers sites in search of women.

The couple - both wealthy prior to their marriage - did apparently execute a prenuptial agreement. Newsday reports that Cook is challenging the prenup with regard to three boats and several New York properties as well as some personal property. New York is not a community property state. Instead, property is handled by equitable distribution. If the prenuptial agreement is found invalid or unenforceable, a judge will divide the marital property in a fair and just manner. Brinkley’s allegations regarding Cook’s behavior will be considered when the judge determines what exactly is “fair and just” in the circumstances.

New York does allow no-fault divorces where the parties have lived separately for at least one year. But Brinkley is clearly seeking an at-fault divorce on the grounds of adultery (and possibly cruelty, depending on the details of her further allegations). Her allegations could also potentially trigger provisions in the prenuptial agreement by which the property distribution would be altered if either party was guilty of gross misconduct within the marriage.

It is unclear whether the couple is still fighting over the custody of the children (although the continued presence of the guardian ad litem suggests that the permanent custody arrangement may still be up in the air). Cook’s behavior can also be taken into account for purposes of determining custody and visitation.

Brinkley is represented by Manhattan attorney Robert S. Cohen, who has previously represented NYC Mayor and billionaire Michael Bloomberg, actor James Gandolfini, music producer and Mariah Carey-ex Tommy Mottola and both of Donald Trump’s ex-wives, Ivana Trump and Marla Maples. Cook’s attorney is Norman Sheresky who represented Gandolfini’s wife in their divorce as well as many other wealthy New Yorkers. The Brinkley-Cook divorce trial is scheduled to begin in early July and is expected to last four weeks.

Source: Newsday

When we reported last fall on the divorce of actress Reese Witherspoon and actor Ryan Phillippe, it wasn’t yet clear that the case was still open. Turns out the former couple still had a few things to work out. Like, everything.

A judgment filed in the Los Angeles County Superior Court yesterday did finally close the duo’s divorce case for good. Back in October, 2007, the pair were divorced (both became legally single again) - but the court reserved all other issues in the case for future ruling. This meant that there was no finalization of child custody, child support, spousal support or division of property. This is a process called bifurcation - used sometimes when financial and other issues are complex. (See also our report on Johnny Knoxville’s recent bifurcated divorce.)

Now though, Witherspoon and Phillippe appear to have settled everything and put their marriage behind them. The settlement terms were not made public. It is believed that Witherspoon has primary physical custody of the couple’s two children, Ava and Deacon. The two parents likely share joint legal custody - giving each of them equal say in the decision-making process of child-rearing. It is unlikely that either spouse asked for or received spousal support (also known as alimony or maintenance). And it was reported that there was no prenuptial agreement to guide the division of marital property. Refreshingly, it appears that the former couple was able to work out the details of their split without involving the media.

Witherspoon was represented in the divorce action by attorney Robert Kaufman of the law firm Kaufman, Young, Spiegel, Robinson & Kennerson. Kaufman is currently representing Robin Williams’ estranged wife Marsha Garces Williams and has previously represented singer Jessica Simpson and actress Jennifer Aniston. Phillippe’s lawyer is Gary Fishbein of Buter Buzard Dunaetz & Fishbein. Fishbein has previously represented actor Gary Oldman and rocker Nikki Sixx of Motley Crue. The Witherspoon-Phillippe case was presided over by Commissioner Scott Gordon (yes, the same commissioner in the on-going Britney Spears-Kevin Federline saga).