As mentioned in a previous post, Tom Brady has child support obligations to ex-girlfriend Bridget Moynahan and their child. But news and updates on the subject have been predictably absent from the press. Tom Brady has a brand to protect, and a quick and quiet resolution is definitely in his best interest. That doesn’t mean people have stopped asking questions about the resolution, though, so we put a few “what if” questions of our own to resident family law expert, Monica Mazzei:

Q: Given the situation, and the image that Brady has to protect, what would you recommend a client in Brady’s situation do?
A: I would advise Brady to voluntarily pay child support. This would be done through reaching an agreement outside of court that provides that the amount paid by Brady meets the child’s needs. Voluntarily paying child support will most likely keep Moyahan from filing for support in the court system which means that Brady’s finances will be kept out of the public record. Also, making voluntarily payments will show that Brady is responsible and help him maintain his all-American image.

Q: Tom Brady makes $10 Million a year from his NFL contract alone. What amount might Tom be ordered to pay in child support if a court ruled on the issue?
A: With an income of $10 million per year, Brady would be considered a high wage earner (meaning traditional support guidlines would not apply to him). The court would most likely base support on the needs of the child, keping in mind that the child should share the same lifestyle as the high wage earning parent. For a young child under the age of one, sharing in the lifestyle of one of the NFL’s highest paid athletes, expenses could range from $20,000 to $100,000 per month.

Q: How much might Moynahan have accepted as a volutary child support payment?
A: This is a difficult question to answer. Arguably, Moynahan would not have accepted less than the amount needed to meet the monthly needs of the child. On the other hand, Brady may have paid more than the “monthly needs” amount in an attempt to stay out of court, which is expensive, time consuming, and possibly damaging to his career.

Q: If Moynahan accepted Brady’s amount of voluntary child support, would she be able to pursue a greater amount at a later date?
A: Moynahan is never precluded from going into court at any time to ask for more support.

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.

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