Kevin McKidd Finalizes Divorce & Bears Substantial Support Obligations
By Snyder Sarno D'Aniello Maceri & da Costa LLC on January 11, 2018
Grey’s Anatomy star Kevin McKidd and Jane Parker recently divorced after almost 17 years of marriage. Although the ex-couple split in October 2015, they still share custody of their two children, Joseph and Iona, ages 17 and 15 respectively. According to E News, the parties plan to continue sharing joint legal custody and co-parenting responsibilities of their children.
The divorce did not come without a price tag for McKidd, however, as the actor is required to pay $22,440 per month in child support until the children turn 18 years old. However, upon the termination of his child support obligation, he has to pay Parker $12,147 per month for four years. Additionally, he is obligated to cover the expenses for the children’s private school and summer camp.
With respect to the alimony award to his ex-wife, McKidd is responsible for an astounding monthly obligation of $65,096 and 20 percent of any income he receives over $3 million per year.
The parties also intend to abide by a “nesting agreement” wherein the children will reside in the former marital home in Los Angeles, and each party will take turns staying with them. Each will own separate residences and jointly own a third property in Malibu. (https://pagesix.com).
If New Jersey had jurisdiction over this divorce, a number of different considerations would have been at play in determining McKidd’s various support obligations and child custody. For example, New Jersey courts uphold the policy of establishing alimony at an amount that will enable both spouses to continue enjoying a lifestyle comparable to that experienced during the marriage. New Jersey’s alimony statute, N.J.S.A. 2A:34-23(b), provides fourteen factors for courts to consider in determining an alimony award, the most important of which include:
- The actual needs and ability of the parties to pay;
- The duration of the marriage or civil union;
- The standard of living established in the marriage or civil union and the likelihood that each party can maintain a reasonably comparable standard of living;
- The earning capacities, educational levels, vocational skills, and employability of the parties; and
- The length of absence from the job market of the party seeking maintenance.
With respect to child support, New Jersey has statutory guidelines to help courts determine the appropriate amount of money necessary to raise a child or children based on their ages, the income of both parents, and various other factors. In the event a party files a motion to modify the guidelines for good cause, courts also conduct a statutory factor analysis pursuant to N.J.S.A. 2A:34-23, the most significant factors being:
- The needs of the child;
- Standard of living and economic circumstances of each parent;
- All sources of income and assets of each parent;
- Earning ability of each parent, including educational background, training, employment skills, and work experience;
- Need and capacity of the child for education, including higher education; and
- Income, assets and earning ability of the child.
Lastly, in determining custody, New Jersey courts follow suit with most other states in deciding on an arrangement that reflects the best interests of the child. The analysis is also statutory, and includes:
- The parents' ability to agree, communicate and cooperate in matters relating to the child;
- The parents' willingness to accept custody and any history of unwillingness to allow parenting time not based on substantiated abuse;
- The history of domestic violence, if any;
- The safety of the child and the safety of either parent from physical abuse by the other parent; the preference of the child when of sufficient age and capacity to reason so as to form an intelligent decision;
- The needs of the child; and
- The stability of the home environment offered.
If you have any questions regarding support obligations or child custody, please contact the skilled matrimonial attorneys at Snyder Sarno D’Aniello Maceri & da Costa LLC. Call us today at (973) 274-5200.
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