WOULD TIKI BARBER'S CHILD SUPPORT IN A FLINT DIVORCE COURT BE BE BASED ON HIS LOST CONTRACT INCOME? YES!

DID THE AFFAIR COST HIM CONTRACTS? WILL TIKI BARBERS CHILD SUPPORT CALCULATIONS BE BASED ON HIS CONTRACT LEVEL OF INCOME? YES!

Terry Bankert Flint Divorce Lawyer comments on how Tiki Barber was thrown for a loss. If this can happen to a celebrity couple it could happen to your friends , family or you. What if Tiki Barber and Ginny Barber lived in Michigan ?

TIKI HAS A GIRL FRIEND , WIFE HAS UNBORN TWINS!WHY FILE FOR DIVORCE?

TMZ.com reported today that former NFL star Tiki Barber was shocked to learn his wife Ginny had filed for divorce. A source told TMZ that Barber had been under the impression that neither he nor his wife "would file divorce papers until after the babies were born."[3]


ROMANTIC INTEREST OUTSIDE MARRAIGE

Tiki Barber have you no shame or any concern at all for your estranged wife of 11 years, who used to be your best friend and biggest supporter? Obviously not. You were spotted all over New York City, reports the New York Post, with 23 year-old Traci Lynn Johnson, the former college student turned NBC intern who you preferred over your wife, two little boys and the twins on the way.[1]

HE'S GOT THE BALL, ....AND FUMBLED!
Tiki Barber fumbled his good guy rep when he left his pregnant wife for a blonde hottie, but he's still got his big bucks job on the today show.[2]

DOES MALE CELEBRITY NOW MEAN HE IS PHILANDERING?

The Barbers join a long list of celebrity marriages recently marred by philandering husbands. While Tiki has sort of slid under the radar due to the hype surrounding a few higher profile relationships (ahem, Tiger Woods Elign Woods and Jesse James ( Sandra Bullock), his circumstance is one of the more offensive given that he was cheating on his wife of 11 years while she was pregnant with twins! [3]

DIVORCE SETTLEMENT NEGOTIATIONS

Not only that, you’ve been lowballing Ginny in out-of-court negotiations over financial support, a family friend told the NYPost. ” Tiki refused to give her anything close to what she needs,” the friend told the paper. Guess it’s more important to buy expensive gifts, clothing and take her out to dinner, than take care of sons AJ, 7, Chasen, 6 and your new babies, Tiki. No wonder our Hollywoodlife.com readers voted you THE WORST Dad of 2010 by a wide margin with 55 per cent of the vote. You easily beat out Jon Gosselin and Tiger Woods.[1]
WHY WOULD HE BE SUPRIZED? LOSS OF CONTROL?

Why Barber is surprised by this news is very unclear. His wife, Ginny, is currently 8 months pregnant with twins, and they have been separated for weeks since news of Barber's infidelity (with a much younger woman) surfaced.[3]

ADULTRY BASIS OF MARITAL BREAKDOWN

The divorce papers were filed in the Manhattan Supreme Court Apr. 26 citing “adultery.” Tiki surprised his wife with news about his affair when he told her he was moving out last fall and into a midtown lovenest. [1]
SACKED

"Tiki is a contributor to the 'Today' show," an NBC news spokeswoman told The Daily News on Tuesday, refuting reports that Barber has been sacked by 30 Rock.

SUPRIZED BY GIRL FRIEND

Until, he dropped that bomb on pregnant Ginny, the former football star, who had spoken out about his own father’s philandering, had never dropped a hint to Ginny, that he was unhappy with their marriage, a source told Hollywoodlife.com.[1]

LOST HIS BIGGEST GIG

Barber, 35, also recently lost his gig on NBC's weekly Sunday night football telecast. The network opted not to renew Barber's contract after last season.

TO GIG OR TO SHACK

Barber's ouster from that show appeared to coincide with reports that he'd shacked up with 23-year-old former NBC intern Traci Lynn Johnson.[2]


DOMESTIC ISSUES COST HUSBAND CONRACTS

It’s not surprising that NBC has suspended Tiki from his two jobs as a Sports and Today show correspondent after news about his scandalous behavior broke. Reports are surfacing that the Today show has fired Tiki but NBC and Tiki both will not comment.[1]

WHAT INCOME WILL TIKIS CHILD SUPPORT BE BASED UPON.

A recent Michigan Court of Appeals case may give some guidance.

Michigan Court of Appeals (Unpublished 4-20-2010),Case Name: T v. T Genesee County 04-252661-DM on the date of this writing 4/28/10 this case was sealed from the public. There appears to be a PPO with the same parties Judge Kay Behm 03-249987-DC
e-Journal Number: 45575,Judge(s): Per Curiam - Jansen, Cavanagh, and K.F. Kelly

This case looked at Child support; Whether the trial court properly imputed income to plaintiff for the purpose of calculating child support; Rohloff v. Rohloff; Olson v. Olson; 2008 Michigan Child Support Formula (MCSF) Manual 2.01

WILL THE COURT DECIDE THAT TIKI HAS AN UNEXERCISED ABILITY TO EARN?

The Michigan Court of Appeals held the trial court did not abuse its discretion by adopting the referee's recommendation and imputing a $350,000 annual income to plaintiff for purposes of calculating child support where the evidence clearly showed he voluntarily reduced his income when he left the investment banking field and he had an unexercised ability to earn far more than he was presently earning. [SEE 04-252661-DM]

THE JUDGE HAS GREAT DISCRETION WITH YOUR LIFE IN DIVORCE

As to child support, both case law and the MCSF clearly grant the trial court discretion to impute additional, unearned income to a parent. The evidence showed plaintiff earned well over $600,000 in his last year as an investment banker, he had other substantial assets and investments, he continued to receive distributions from his former company (in which he owned equity), and a VE testified he had a current potential to earn at least $350,000 a year based on his experience and training in investment banking. [See Toal]

HE CAN MAKE MORE MONEY. JUST DO IT.

Tiki has the ability to earn more and his child support may be based upon that higher amount.

IN THE MICHIGAN CASE DAD SAID THE GENESEE COUNTY COURT GOT IT WRONG. THE COURT OF APPEALS SAID IT WAS DONE RIGHT. DAD PAYS MORE CHILD SUPPORT.

In Docket No. 291267, plaintiff argues that the circuit court erred by ordering him to pay
child support based on an imputed annual income of $350,000, rather than his true annual
income of $40,000.
DAD QUIT THE INVESTMENT JOB IN 2002
Specifically, plaintiff asserts that although he was formerly an investment banker, earning $350,000 or more per year, he had since given up his investment-banking career and become a school teacher, with a much more meager annual salary. He contends that the referee and circuit court erred (1) by imputing to him his former income as an investment banker rather than his present income as a teacher and coach, (2) by deviating from the Michigan Child Support Formula Manual (MCSF), and (3) by failing to articulate a sufficient reason for deviating from the MCSF. He points out that he had already switched from his former investment-banking career to his new teaching career at the time of the court’s child support determination, and asserts that the facts of this case did not support the court’s imputation of a $350,000 annual salary. Again, we disagree. [see 04-252661-DM]
THE JUDGE ADOPTED A REFEREE DECISION AND THAT IS OKAY
We cannot conclude that the circuit court abused its discretion by adopting the referee’s
recommendation that plaintiff should pay monthly child support based on an imputed annual income of $350,000. Both Michigan’s caselaw and the MCSF clearly grant the circuit court discretion to impute additional, unearned income to a parent. Stallworth, 275 Mich App at 285; 2008 MCSF 2.01(G). It is well settled that “when a party voluntarily reduces or eliminates income, and the . . . court concludes that the party has the ability to earn an income and pay child support, the court does not err in entering a support order based upon the unexercised ability to earn.” Olson v Olson, 189 Mich App 620, 622; 473 NW2d 772 (1991); see also Rohloff, 161 Mich App at 776. In particular, this Court has held that a circuit court may properly consider a party’s “income potential” when determining child support, id. at 770, and that a court does not abuse its discretion “by entering a child support order based upon the income [a party] received
before voluntarily leaving [his or her] employment,” id. at 776. [See 04-252661-DM]

HE MADE A LOT OF MONEY ONCE AND HE CAN DO IT AGAIN

In the case at bar, the evidence established that plaintiff had earned well over $600,000 in
his final year as an investment banker, that he had other substantial assets and investments, and that he continued to receive distributions from Chilmark, his former company in which he owned equity. Moreover, a vocational expert testified that plaintiff had a current potential to earn at least $350,000 per year, based on his training and experience in the field of investment banking. This Court must give due regard to the special opportunity of the referee and circuit court to weigh the testimony and judge the credibility of the witnesses. See In re Miller, 433 Mich 331, 337; 445 NW2d 161 (1989).

In short, the record in this matter adequately supported the referee’s
finding that plaintiff had other assets and investments in addition to his teaching salary, that he continued to receive distributions from his former company, and that he had the present capacity to earn $350,000 per year. Therefore, the circuit court did not abuse its discretion by adopting the referee’s recommendations on this issue and imputing to plaintiff an annual income of $350,000 for the purpose of calculating child support. [see 04-252661-DM]
THE FAMILY PLANNED TO MOVE HE QUIT A JOB THEY MOVED NOW HE PAYS ON WHAT HE IS NOT EARNING

Here, the evidence plainly established that plaintiff voluntarily reduced his income when
he relocated to Michigan and left the investment-banking industry. Moreover, credible
testimony showed that plaintiff had an unexercised ability to earn far more than he was presently earning as a teacher and coach. We simply cannot conclude that the circuit court deviated from the MCSF in this case. Quite the opposite, it appears to us that the court’s decision to impute income to plaintiff fully conformed to the MCSF’s mandates and guidelines, and we must therefore reject plaintiff’s claim to the contrary.2 See 2008 MCSF 2.01(G).[see 04-252661-DM]

PREGNANT WIFE LEFT HOME

Ginny is now home at her Upper East Side apartment and according to sources close to her, she’s very upset – no surprise.[1]

While Barber has been seen squiring Johnson around town and even took her to the Vancover Olympics, his soon-to-be ex-wife is pregnant with twins - and practically trapped in the marital bed.

"There have not been any complications, but her doctor said it's safer for her to stay in her home and stay in her bed," said a source close to the matter. "She's a small woman and she's very pregnant. Aside from visits to her doctor, she's confined to her apartment."[2]



“It’s been an emotional time for her,” says the source. “She is, of course, worried about the health of her unborn twins. It’s a lot to deal with and she is still being closely monitored by her doctors.”[1]

NO SYMPATHY FOR HUSBAND

We wish you well Ginny. Hopefully your louse of an ex will PAY bigtime![1]

See



[1]

http://www.hollywoodlife.com/2010/04/27/tiki-barber-wife-divorce-papers-traci-intern-mistress/





[2]

http://www.nydailynews.com/gossip/2010/04/27/2010-04-27_exgiant_tiki_barber_keeps_today_show_job_after_leaving_wife_for_23yearold_former.html



[3]

http://celebs.gather.com/viewArticle.action?articleId=281474978201800

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