Recent Posts in Family Law Category

How Much Would Tiger's Divorce Cost?

Amid reports that his wife Elin Nordegren is consulting with a high-powered divorce attorney, Tiger Woods and his estimated net worth of $600 million - considered one of the biggest in professional sports, thanks in large part to sponsorship endorsements worth some $1 billion - is coming under scrutiny, should a divorce necessitate a need to divide his estate.

In addition to issues of custody involving the couple's two children, Sam, 2, and Charlie, 10 months, other issues would include the location of the divorce filing and what terms were specified in any prenuptial agreement.

Reports indicate that a prenuptial agreement was executed before Woods, 33, and Nordegren, 29, were married in Barbados in 2004.

However, prenuptial agreements are not always black and white. Specifically, a prenuptial agreement can be challenged on various issues including whether or not both parties fully disclosed all assets owned at the time of the execution of the agreement.

Tiger's admission of infidelity would likely not affect the agreement, unless the prenuptial agreement states otherwise. Thus, unless infidelity was addressed on the face of the agreement, Tiger's actions would not make the document unenforceable.

As residents of Florida, Woods and Nordegren would not be subject to California's 50-50 community property laws, though they did, in fact, live in the Western state earlier in their marriage. However, they have lived in Florida long enough to file there.

Much like Pennsylvania, Florida is an equitable distributions state, meaning that the property must be divided equitably based on various factors. Remember, equitably does not necessarily mean equally. Even though Tiger has made most of the money that makes up the estate, the law could distribute more to his wife if the court determines that she became accustomed to that life-style over the course of their marriage.

If you have any detailed questions regarding divorces in Pennsylvania, please contact, L. Anthony Bompiani, Esquire at (724) 925-9600.

The court that makes the original child support award is said to have continuing jurisdiction to modify the order as conditions warrant. Provisions regarding child support, visitation and custody within a Settlement Agreement are also subject to court modification under certain circumstances. That being so, either parent may request the court to change the order throughout the duration of the child's minority. Modifications will not happen automatically. One of the parents must request the change by a formal motion to the court. 

Child support orders cannot be changed on caprice or because a court thinks that "it is time." It must be based on evidence proving that sufficient grounds exist to make the change. This usually requires a showing of changed circumstances from the facts as they existed at the time that the last order was entered. (In the many years a child support order remains effective, the parent's circumstances may change many times and thus so may the child support order.)  In Pennsylvania, appropriate circumstances means a substantial change in income. Please note that past child support obligations cannot be modified. Modifications are not retroactive. Thus, if there is a change in circumstances it is very important that the affected party petition for a change in child support as soon as the substantial change has occurred. 

Many different scenarios can create changed circumstances. For example, if the paying parent has had a large increase in income, the court can order the child support increased. Or, if the child's needs grow, such as if the child becomes ill or disabled, the amount of support can be ordered raised.

Support can also be reduced upon a proper showing. For example, if the custodial parent receives a substantial raise or otherwise has an increased ability to support the children, support payments may be reduced. Or, if the paying parent loses his or her job, the court can be asked to reduce support during the period of unemployment.