Should Chris Rock pay child support to a child he hasn't adopted yet?

Chris Rock has recently divorced from his wife and mother of his two biological daughters Lola and Zahra. Rock listed these daughters as dependents in his divorce papers, however, his wife, Malaak Compton-Rock, is also asking that he financially support Ntombi-futhi Samantha. Ntombi, a South African native, has lived with the Rock family for seven years, however, the couple never adopted her. Rock claims that he owes no duty of financial support to Ntombi but Compton-Rock claims otherwise.*

Child Support

In North Carolina, the legal mother and father of minor children are financially responsible for their care until they reach the age of eighteen (or graduate high school under certain circumstances). Contrary to popular belief, the amount owed is based on what is needed to meet the reasonable needs of the child's health, education, and maintenance. (Many people wrongfully believe it is 1/4 of dad's income) 

Child Support is paid:

1. By the parent who does not have the child the majority of the time (the non-custodial parent)
2. Based on the income of both parents using a NC Child Support Worksheet

There is also a presumption that all children born to a marriage are the biological children of the couple. However, this presumption can be overcome with DNA testing and other factors. In Rock's case, it is not likely that he will be responsible for the financial support of the child through child support because Rock never adopted Ntombi. 

However, we all know that courts hate deadbeat dads and will find a way to punish those who run from their responsibilities. Rock's wife has a good argument for Breach of Contract if the couple agreed to adopt and care for Ntombi and Rock is now going back on his word. He's also held himself out as Ntombi's dad for seven years and may be estopped (prevented) from now claiming that she is no longer his responsibility. 

For more information or legal advice contact us at:

Kisala Watkins Law Group, PLLC
323 E. Chapel Hill Street, Suite 203B
Durham, NC 27701
P: 919-321-6569
Nastasia@kisalawatkins.com
www.kisalawatkins.com

We assist clients in the following areas:

Orange County, NC 

• Cary, NC
• Chapel Hill, NC
• Carrboro, NC
• Hillsborough, NC
• Mebane, NC
• Efland, NC 

Durham County, NC

• Durham
• RTP
• Bahama
• Rougemont

*"Chris Rock’s ex wife wants child support for South African girl: report," by Nicole Lyn Pesce, New York Daily News, accessed December 2, 2015. http://www.nydailynews.com/entertainment/movies/chris-rock-wife-mystery-south-african-girl-article-1.2452469

 **Neither Kisala Watkins Law Group, PLLC nor Nastasia Watkins own the rights to the pictures listed above and all pictures are posted for illustrative purposes only. You do not become a client of Kisala Watkins Law Group, PLLC unless you enter into a written agreement signed by you and an attorney at this firm. Such agreement must also indicate the scope of the work that is to be done. Correspondence by mail, fax, blog, or email does not establish an attorney-client relationship unless a written agreement has been entered into by both parties. Any information provided is based on the writer's understanding of North Carolina law and a consultation is required to provide adequate legal advice based on your situation.

Do I need a prenuptial agreement like Dutchess and Caesar on Black Ink?

Dutchess and Caesar have been discussing a prenuptial agreement on VH1's show Black Ink. Many have questioned whether or not they, themselves, need the agreement and if it will sully the marriage before it even begins.

Before drafting a prenuptial agreement, consider how it will make your future spouse feel and if you have given them enough time to map out their options.  Also consider that while you may be the bread-winner now, that may not always be the case and you could be signing away your rights to money that you helped your spouse earn during the marriage. 

In North Carolina, these are the requirements for a valid prenuptial agreement:

1. The prenup is only effective on the date of marriage
2. It must be in writing and signed by both people
3. Both people must disclose all of their assets and debts
4. Both people must sign voluntarily 

How do I get out of this mess?

If you'd like to get out of your prenuptial agreement there is hope. You must either: 

1. Revoke or amend the agreement in writing and have the revocation signed by both people  
2. Show the court that you will require government assistance if the agreement is not rescinded (revoked)
3. Show that you were never married 
4. Prove to the court that you did not enter into the agreement voluntarily and you were coerced or under duress when you signed (signing on your wedding date may not be enough by the way)

Kisala Watkins Law Group, PLLC
323 E. Chapel Hill Street, Suite 203B
Durham, NC 27701
P: 919-321-6569
Nastasia@kisalawatkins.com
www.kisalawatkins.com

We assist clients in the following areas:

Orange County, NC 

• Cary, NC
• Chapel Hill, NC
• Carrboro, NC
• Hillsborough, NC
• Mebane, NC
• Efland, NC 

Durham County, NC

• Durham
• RTP
• Bahama
• Rougemont

*Neither KisalaWatkins Law Group, PLLC nor Nastasia Watkins own the rights to the pictures listed above and all pictures are posted for illustrative purposes only. You do not become a client of Kisala Watkins Law Group, PLLC unless you enter into a written agreement signed by you and an attorney at this firm. Such agreement must also indicate the scope of the work that is to be done. Correspondence by mail, fax, blog, or email does not establish an attorney-client relationship unless a written agreement has been entered into by both parties. Any information provided is based on the writer's understanding of North Carolina law and a consultation is required to provide adequate legal advice based on your situation.

Kaley Cuoco cites irreconcilable in her divorce. Do I have to cite a reason for my divorce in North Carolina?

"Big Bang Theory" star Kaley Cuoco has filed for divorce from her tennis pro husband, Ryan Sweeting. She cited that the two separated due to "irreconcilable differences" as she likely filed in a jurisdiction that requires fault by at least one party before a divorce is finalized.* However, in North Carolina, neither party has to necessarily be at fault. The steps for filing divorce in NC are listed below:

1. In NC you must be separated for 1 year (unless your spouse is incompetent or insane). 
2. After this one year separation you can file for divorce using the forms provided at most clerk's offices or by submitting a complaint for absolute divorce. 
3. Your spouse is then served and he/she has 30 days to respond to and/or challenge your complaint for divorce. If your spouse is served and does not respond within the 30 day period, you may file for a Summary Judgment Divorce which automatically grants your divorce because no one has challenged it. 
4. You will then be awarded an Absolute Divorce or "Divorce Decree" signed by a judge ending your marriage and allowing you to re-marry.

Remember that you must file to separate the property, receive spousal support, and request alimony before your final divorce decree is entered or you lose them forever.

Filing all of the claims related to the marriage/divorce at once will also save you some money because there is just one filing fee! You can file for child support and child custody at anytime before, during or after the marriage depending on your living situation. However, there will be a separate filing fee if you do them each separately, so ask your attorney about filing them all at once.

Kisala Watkins Law Group, PLLC
323 E. Chapel Hill Street, Suite 203B
Durham, NC 27701
P: 919-321-6569
Nastasia@kisalawatkins.com
www.kisalawatkins.com

We assist clients in the following areas:

Orange County, NC 

• Cary, NC
• Chapel Hill, NC
• Carrboro, NC
• Hillsborough, NC
• Mebane, NC
• Efland, NC 

Durham County, NC

• Durham
• RTP
• Bahama
• Rougemont

*"Kaley Cuoco Cites Irreconcilable Differences as She Files for Divorce From Ryan Sweeting – and Yes, There's a Prenup" by Karen Mizoguchi,

09/28/2015 AT 08:00 PM EDT, http://www.people.com/article/kaley-cuoco-files-divorce-papers-cites-irreconcilable-differences. Accessed September 29, 2015.

 **Photo Credit:http://www.people.com/article/kaley-cuoco-files-divorce-papers-cites-irreconcilable-differences

 

 ***Neither KisalaWatkins Law Group, PLLC nor Nastasia Watkins own the rights to the pictures listed above and all pictures are posted for illustrative purposes only. You do not become a client of Kisala Watkins Law Group, PLLC unless you enter into a written agreement signed by you and an attorney at this firm. Such agreement must also indicate the scope of the work that is to be done. Correspondence by mail, fax, blog, or email does not establish an attorney-client relationship unless a written agreement has been entered into by both parties. Any information provided is based on the writer's understanding of North Carolina law and a consultation is required to provide adequate legal advice based on your situation.

How can I terminate my ex's parental rights?

Nia Guzman, the mother of Chris Brown's daughter Royalty is in a custody and child support battle with the rapper following an initial agreement for $1,500.00 per month. She has made statements about not trusting Brown with Royalty while he's on tour. Chris has comeback and said that he does not trust Nia with the child because Nia's new boyfriend is a felon on the run.* Nia seems to be fighting to limit or end Chris's visitation rights. While we do not know how this case will end, if you are also wondering if you or your ex's rights can be terminated, this post may be helpful. 

To terminate your ex's parental rights you must show the court that your ex:

1. Abused or neglected the child
2. Has not provided financial support or consistent care to the child for 6-12 months depending on the circumstances
3. Is incapable of providing care due to a mental illness 
4. Has lost his/her parental rights to another child or
5. There are pending adoption proceedings and he/she does not object to the adoption

To request that the court terminate your ex's rights, you must:

1. Be the parent of the child
2. The child has lived with you for at least 2 years or
3. You have filed for adoption

Keep in Mind

• You WILL have a hearing on your request so you'll be required to answer your ex's questions and prepare questions for him/her to answer. Because we all have a Constitutional and inherent right to care for our children you have an uphill battle in convincing the judge to terminate your ex's parental rights. 

• Terminating a person's parental rights completely and permanently terminates all rights and obligations of the parent to the child. So you cannot terminate your ex's rights then ask for child support or change your mind later.

• This is usually the type of case pursued by the Department of Social Services or a procedure completed during an adoption case. 

There are other instances that permit the termination of parental rights but this is a quick list for those looking for concise information. Your first step is likely to file a custody and/or child support claim so, feel free to contact my office with any questions specific to your case.

Kisala Watkins Law Group, PLLC
323 E. Chapel Hill Street, Suite 203B
Durham, NC 27701
P: 919-321-6569
Nastasia@kisalawatkins.com
www.kisalawatkins.com 

We assist clients in the following areas:

Orange County, NC 

• Cary, NC
• Chapel Hill, NC
• Carrboro, NC
• Hillsborough, NC
• Mebane, NC
• Efland, NC 

Durham County, NC

• Durham
• RTP
• Bahama
• Rougemont

*" Chris Brown -- My Baby Mama's BF Is a Wanted Man!!" by TMZ Staff, Aug. 28, 2015, 11:50 AM PDT. http://www.tmz.com/2015/08/28/chris-brown-king-ba-wanted-forgery-nia-guzman-royalty.

*"Chris Brown -- My Baby Mama's Got Terrible Judgment In Boyfriends," by TMZ Staff, Sept. 1, 2015 3:40 AM PDT. http://www.tmz.com/search/news/chris%20brown?adid=TMZ_Web_Nav_Search#ixzz3kh9dRnOK.

 **Photo Credit: www.ibtimes.com

 

 ***Neither KisalaWatkins Law Group, PLLC nor Nastasia Watkins own the rights to the pictures listed above and all pictures are posted for illustrative purposes only. You do not become a client of Kisala Watkins Law Group, PLLC unless you enter into a written agreement signed by you and an attorney at this firm. Such agreement must also indicate the scope of the work that is to be done. Correspondence by mail, fax, blog, or email does not establish an attorney-client relationship unless a written agreement has been entered into by both parties. Any information provided is based on the writer's understanding of North Carolina law and a consultation is required to provide adequate legal advice based on your situation.

How did Terrence Howard's Separation Agreement get overturned?

In North Carolina, a married couple can enter into an agreement after they have separated. This agreement generally includes terms regarding the amount and length of payments for spousal support and/or alimony and also distributes the debts and assets of the couple. It usually saves money in legal fees once the couple files for divorce as all of the financial issues have been handled in the separation agreement. However, because this agreement is a contract it may not be valid if either person commits fraud or coercion, the agreement was signed under duress, or the terms were illegal. 

Terrence Howard and his third wife, Michelle Ghent, entered into a separation agreement and it seems as though the agreement required that he pay spousal support. He claimed that he signed the agreement under duress because she "blackmailed him with threats of releasing naked photos and videos" if he did not sign.* The judge ruled in his favor and the separation agreement was deemed invalid as the two did not sign the contract on their own free will. Now the couple must either enter into a new agreement or prepare for hearings on each issue in the old agreement. 

There are many "loopholes" to consider when drafting a separation agreement and calculating alimony and post-separation support will require the assistance of an attorney so be sure to submit any questions to my email below.

Kisala Watkins Law Group, PLLC
323 E. Chapel Hill Street, Suite 203B
Durham, NC 27701
P: 919-321-6569
Nastasia@kisalawatkins.com
www.kisalawatkins.com 

We assist clients in the following areas:

Orange County, NC 

• Cary, NC
• Chapel Hill, NC
• Carrboro, NC
• Hillsborough, NC
• Mebane, NC
• Efland, NC 

Durham County, NC

• Durham
• RTP
• Bahama
• Rougemont

* "Terrence Howard Wins Spousal Support War With Ex," by TMZ Staff, August 24, 2015, Accessed August 25, 2015, http://www.tmz.com/2015/08/24/terrence-howard-wins-spousal-support-fight-michelle-ghent-divorce/#ixzz3jr814NsK.

 **Photo Credit: "Terrence Howard Is Secretly Divorced! Empire Star and Ex Mira Howard Ended Marriage in July," by Brett Malec Tue., Aug. 18, 2015 10:51 AM PD; http://www.eonline.com/news/687447/terrence-howard-is-secretly-divorced-empire-star-and-ex-mira-howard-ended-marriage-in-july, Accessed August 25, 2015. 

 

 **Neither KisalaWatkins Law Group, PLLC nor Nastasia Watkins own the rights to the pictures listed above and all pictures are posted for illustrative purposes only. You do not become a client of Kisala Watkins Law Group, PLLC unless you enter into a written agreement signed by you and an attorney at this firm. Such agreement must also indicate the scope of the work that is to be done. Correspondence by mail, fax, blog, or email does not establish an attorney-client relationship unless a written agreement has been entered into by both parties. Any information provided is based on the writer's understanding of North Carolina law and a consultation is required to provide adequate legal advice based on your situation.

How did Miranda Lambert and Blake Shelton get divorced in just 2 weeks?

You may have heard that Blake Shelton and Miranda Lambert are divorced after he filed divorce documents just 2 weeks before it all became final. After  4 years of marriage and allegations of adultery from both sides, the divorce was signed by a judge in Oklahoma earlier this week.* Many are wondering, how can a couple get divorced that quickly? Did they have time to try to fix their problems?

According to Title 43, Section 101 of the Oklahoma Statutes, a divorce is granted only on a basis of fault. While states like North Carolina do not require that either party was at fault to grant a divorce, Oklahoma requires one spouse to show that the other engaged in one of the following:  

1. Abandonment for one year 
2. Adultery
3. Impotency
4. Wife is pregnant by another man while married
5. Extreme cruelty
6. Fraudulent Contract
7. Incompatibility
8. Habitual Drunkenness
9. Gross neglect of duty 
10. Imprisonment for a felony
11. Divorced in another state
12. Spouse insane for 5 years

So, it seems that there is no waiting period of 6 months or one year as there is in other states before a divorce is granted. Just a showing that one person caused the divorce and it, therefore, should be granted.

In North Carolina you must only show that: 

1. You and your spouse have lived separate and apart for one year
2. AND least one of you intended to end the marriage when you left the marital home.

Keep in mind that you must file for alimony, post-separation support, and a distribution of the property before your divorce is finalized otherwise you lose these claims forever. 

There are also issues that may arise if you and your spouse reconciled during the separation, if someone cheated or engaged in "marital fault," or had children during the marriage so be sure to contact an attorney before filing any documents. Calculating alimony and post-separation support will also require the assistance of an attorney so be sure to submit any questions to my email below.

Kisala Watkins Law Group, PLLC
323 E. Chapel Hill Street, Suite 203B
Durham, NC 27701
P: 919-321-6569
Nastasia@kisalawatkins.com
www.kisalawatkins.com 

We assist clients in the following areas:

Orange County, NC 

• Cary, NC
• Chapel Hill, NC
• Carrboro, NC
• Hillsborough, NC
• Mebane, NC
• Efland, NC 

Durham County, NC

• Durham
• RTP
• Bahama
• Rougemont

*See www.tmz.com article by TMZ Staff, "Blake Shelton, Miranda Lambert OFFICIALLY SINGLE Judge Signed Off on Divorce," http://www.tmz.com/2015/07/20/blake-shelton-miranda-lambert-divorce-judge-single.

**Neither KisalaWatkins Law Group, PLLC nor Nastasia Watkins own the rights to the pictures listed above and all pictures are posted for illustrative purposes only. You do not become a client of Kisala Watkins Law Group, PLLC unless you enter into a written agreement signed by you and an attorney at this firm. Such agreement must also indicate the scope of the work that is to be done. Correspondence by mail, fax, blog, or email does not establish an attorney-client relationship unless a written agreement has been entered into by both parties. Any information provided is based on the writer's understanding of North Carolina law and a consultation is required to provide adequate legal advice based on your situation.

Can I still live with my ex after we are separated or divorced like Ben Affleck and Jennifer Garner?

As you may have heard, Ben Affleck and Jennifer Garner have ended their marriage pretty amicably. It is reported that they still wear their wedding rings and live together despite being recently divorced. Some couples may choose to do the same for financial reasons or for the sake of the children. 

In North Carolina, if you are considering living with your ex while separated consider the following: 

1. Remember that you must live "separate and apart" for one year before getting divorced
2. When the parties "reconcile" and move back in together, the clock for the one-year separation requirement before getting divorced starts over
3. Post-separation support also ends if the party receiving it "resumes marital relations" with their spouse

If you are considering living with your ex after divorced consider:

1. In NC, alimony ends if the receiving party engages in "cohabitation" 
2. Arguably, your moving back in with your ex-wife/ex-husband is cohabitation which may terminate alimony payments

***If you have questions about moving back in with your spouse or ex, please contact our office for more information on the potential claims or loss of claims against you or your spouse. Keep in mind that there are negative implications to moving in or out of the marital home at certain phases of the marriage so always contact an attorney before taking any action.***

Kisala Watkins Law Group, PLLC
323 E. Chapel Hill Street, Suite 203B
Durham, NC 27701
P: 919-321-6569
Nastasia@kisalawatkins.com
www.kisalawatkins.com

We assist clients in the following areas:

Orange County, NC

• Cary, NC
• Chapel Hill, NC
• Carrboro, NC
• Hillsborough, NC
• Mebane, NC
• Efland, NC 

Durham County, NC

• Durham
• RTP
• Bahama
• Rougemont

*Neither KisalaWatkins Law Group, PLLC nor Nastasia Watkins own the rights to the pictures listed above and all pictures are posted for illustrative purposes only. You do not become a client of Kisala Watkins Law Group, PLLC unless you enter into a written agreement signed by you and an attorney at this firm. Such agreement must also indicate the scope of the work that is to be done. Correspondence by mail, fax, blog, or email does not establish an attorney-client relationship unless a written agreement has been entered into by both parties. Any information provided is based on the writer's understanding of North Carolina law and a consultation is required to provide adequate legal advice based on your situation.