Divorce Advice for Men | Fathers Rights Divorce | Child Custody

By Erica Christian

Attorney

Cordell & Cordell, P.C.

Note: This is Part 2 of a two-part series. Click here to read Part 1.

In November, Bristol Palin filed a legal petition seeking sole custody of her and Levi Johnston's minor child, Tripp, and $1,700 per month in child support. Reports indicate that Levi is ordered to pay Bristol $21,561.12 as backpay for support dating back to the date of birth.  Levi has a child support order going forward of $1,688.42 per month. 

The 19-year-old father had a big year in 2009, filled with modeling and acting gigs and income generated from interviews and appearances.  He went from never making more than $10,000 per year to over $100,000 in 2009. 

But are these earnings what the aspiring actor/model can expect to receive in 2010 and thereafter? 

By Erica Christian

Attorney

Cordell & Cordell, P.C.

Note: This is Part 1 of a two-part series. Click here to read Part 2.

Although this is not the scenario you hear on the news everyday, let’s say you had a great year financially in 2009.  Sales were up, bonuses were paid, and overtime was plentiful.  You look at your 2009 W2 and sigh as you know 2010 will be a drastically different year.  You took a pay reduction, sales are crawling, and your boss is talking about potential layoffs.  Well for a person who is ordered to pay child support, this fluke year could drastically affect any modifiable support order. 

Such might be the case for Levi Johnston.  On Nov. 3, 2009, Bristol Palin filed a legal petition seeking sole custody of their minor child, Tripp, and $1,700 per month in child support. Reports indicate that Levi is ordered to pay Bristol $21,561.12 as backpay for support dating back to the date of birth.  Levi has a child support order going forward of $1,688.42 per month.  The 19 year old father had a big year in 2009, filled with modeling and acting gigs and income generated from interviews and appearances.  He went from never making more than $10,000 per year to over $100,000 in 2009. 

But are these earnings what the aspiring actor/model can expect to receive in 2010 and thereafter? 

By Erica Christian

Attorney, Cordell & Cordell, P.C., Milwaukee office

Note: This is Part 3 of a series of articles focusing on the Bristol Palin/Levi Johnston custody battle. Click here to read Part 1 and click here to read Part 2.

What about while the case is pending?

Paternity cases can take months to resolve.  I’m sure Levi would like to see Tripp while the case is pending and Bristol would probably like child support.  If the two can come to temporary arrangements, they could draft a stipulation and order for temporary orders.  If they cannot, either may be able to petition the court for temporary orders.  The Court can set temporary custody, placement and support which the parties must abide by during the pendency of the action.  Failure to abide by the temporary orders, and all court orders for that matter, may result in a finding of contempt which could include serious fines and/or jail time. 

By Erica Christian

Attorney, Cordell & Cordell, P.C., Milwaukee office

Note: This is Part 2 of a series of articles focusing on the Bristol Palin/Levi Johnston custody battle. Click here to read Part 1 and click here to read Part 3.

What are his rights?

News of the breakup allegedly came from Levi’s sister who told Star magazine that Bristol was making visitation nearly impossible.  She also participated in the Larry King Live interview which revealed he was not allowed to take the child outside of the Palin home.  Tripp has his father’s last name and Levi is publicly identified as the father.  Which leads to the question, how can Bristol dictate when and where he can see his child?

By Erica Christian

Attorney, Cordell & Cordell, P.C., Milwaukee office

Note: This is Part 1 of a series of articles focusing on the Bristol Palin/Levi Johnston custody battle. Click here to read Part 2 and click here to read Part 3.

We see it everyday.  Mom files a petition for sole custody and placement alleging that the only safe place for the child is in the arms of the mother.  A child needs his or her mother and she is the only one who knows what is best for the child.  She may “allow” Dad to visit his child (seeing him as just a free babysitter) but when it comes down to it, any substantial periods of placement would put the child in imminent danger.  She would be happier if he was out of the picture altogether.  Well, except for that monthly child support check.  Please excuse the sarcasm.  This is certainly not all women.  But unfortunately, men come to see us everyday describing a situation where their parental rights are being disregarded and outright violated. 

As I brushed up on current events on CNN.com, I came across the Bristol Palin/Levi Johnston custody battle (the once-couple are pictured above in a photo taken from MySpace).  I will preface:  I am not involved in this case; I have never met anyone with the last name Palin or Johnston; I am not commenting on the actual parenting ability of either party; I am not providing any legal advice; and in no way should this article be interpreted to support or oppose any political party.  This is an article which explores some of the domestic litigation issues that are apparent from the media coverage of the case.  Each state has distinct statutes which govern custody and placement of children.  If you are experiencing any issues relating to custody or placement of a child, you should contact a domestic litigation attorney licensed in your state.