An expert divorce attorney has advised Kevin Costner’s estranged wife to reconsider her high child support demands in their ongoing divorce battle. The attorney, Marilyn Chinitz, believes that the judge’s recent ruling, requiring Costner’s wife, Christine Baumgartner, to vacate their Santa Barbara compound, indicates that the judge may continue to favor Costner in other aspects of the case, such as child support. Chinitz, who has represented other high-profile clients including Tom Cruise and Michael Douglas, describes the judge’s decision as bold.
Baumgartner’s child support requests are above the agreed amount
In recent court filings, Baumgartner’s legal team has reduced their child support requests from $248,000 to $217,300 per month. However, the premarital agreement between Costner and Baumgartner stipulates that Costner should pay only $30,000 per month in child support if they divorce. Since Costner has already covered all the children’s expenses, any additional child support would cover Baumgartner’s living expenses, food, and travel. Chinitz questions the need for over $200,000 per month for these expenses, considering that the payments are non-taxable and non-deductible.
Costner’s legal team argues that he has already provided a new house worth $1 million for Baumgartner, as specified in the premarital agreement. They also claim that Costner offered to pay the mortgage, insurance, and taxes for a year. Neither Costner’s nor Baumgartner’s lawyers have responded to requests for comment.
Judges do not seek equality in divorce cases like Costner’s
Chinitz explains that in celebrity divorce cases where one partner was already wealthy before the marriage, like Costner, the court considers the lifestyle of the less fortunate partner but does not aim to replicate it exactly. Instead, the court seeks to provide a comparable living environment. Costner’s first wife received an $80 million payout in their 1994 divorce, leading him to insist on a premarital agreement with Baumgartner that specifies his separate property.
In November, a judge will rule on the enforceability of Costner and Baumgartner’s premarital agreement as a whole. However, based on the judge’s validation of the eviction clause, it seems likely that the judge will continue to support Costner’s position. After the recent developments, Baumgartner’s best option may be to settle the case instead of pursuing further litigation.
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