Professional Athlete Divorce
Professional Athlete Divorce
Acclaimed California Professional Athlete Divorce Attorneys
Protecting the Player and the Team
The athlete who has been sued to establish paternity or is going through a divorce is under severe stress. Your reputation and lifestyle are threatened. Your performance deteriorates and consequently, your relationship with the team is impaired.
Players in this situation may not understand their legal responsibilities. By understanding your obligations you will be able to deal with the legal, financial and ethical issues involved. Players who can effectively address the issues in his case will quickly get their lives in order and begin playing up to their potential.
By handling your personal difficulties, you become less of a distraction to your teammates and managers. This supports morale and keeps the organization focused on winning.
When Is the Player Responsible?
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When you are ordered by a court to pay support.
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A player can be legally responsible for the child as a result of only one sexual encounter.
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Even if the player was trapped or tricked into the encounter, the player be obligated to pay child support.
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Even if the mother has had multiple partners, the player can still be responsible if testing indicates that the player is the father.
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You are ordered by a court to pay child support — whether you are the mother or the father.
When Is the Player Not Responsible?
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If the player had no access to the mother, the player will not be responsible for the child.
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In some states, if the mother is married to another man, her husband can be deemed the child’s father, even if he is not the biological father.
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If another man legally adopts the child, the player will not be obligated to pay child support.
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If the court determines the player is not the father by comparing the DNA with the mother’s and the child’s, the player is not responsible for child support.
How Much Does Child Support Cost?
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The amount of each parent’s income
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The amount of time spent with the child
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In some cases, the expenses of the child
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The number of other children the player has
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Other child-related expenses such as medical costs, child care, private school, college, and life insurance
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The applicable law in the jurisdiction and how the judges apply the law
How Long Must the Child Support be Paid?
Private Agreements
The player and the mother can agree to an amount of support lower than the guideline, but the agreement can be modified if either party goes to court. In some cases, the player may want to provide for the support by setting up a trust. The trust terms can be drafted to deter future modifications.
Modification
The player can modify the child support downward if income decreases or there is an increase in time spent with the child. A trial date can take a long time to obtain, so the application must be filed and served well before the salary change becomes effective.
The Proper Court to Litigate
Some state courts order lower support than others. The laws differ from state to state, and some jurisdictions may be more favorable to the player’s case than others. A knowledgeable attorney can assist you in picking the best venue for your proceedings.
Confidentiality
If a matter is settled privately before a court action is filed, it is possible, with an agreement of the parties, for the case to be kept confidential and away from the media. Once an action is filed, the media are likely to find out about it. Even then, if the matter is handled properly, it may be possible to limit the amount of information the media can obtain from the file. In most states, paternity proceedings are confidential. In some states, divorce proceedings are confidential.
Custody Rights
In most states, nonpayment of child support cannot be used to prevent the player from seeing their child. The player may need to obtain a court order to see their child. The player cannot be forced to visit their child, but the amount of visitation can be a factor in setting the amount of child support.
It is possible to obtain primary custody of the child if it can be shown that it is in the child’s best interests for the player to become the custodial parent. Even if the player has sole custody, the player can still end up being obligated to pay child support.
The Law Office of Walzer Melcher offers the following:
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A confidential telephone evaluation of the case
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Advice on whether to object to the jurisdiction of the Southern California courts
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Coordination of litigation in other jurisdictions relating to the same player
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Expert representation on issues of paternity, support, custody, and divorce
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Preparation of premarital and cohabitation agreements
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Negotiated confidential settlements relating to paternity and divorce
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Protection from invasive discovery of assets and income
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If we cannot help you in Los Angeles and Ventura counties, we will provide referrals to experienced family law attorneys outside Los Angeles and Ventura Counties
