- Recently, a Los Angeles County Court judge told singer, Kelly Clarkson, to pay R2,8 million to her former spouse, Brandon Blackstock, each month. This comes after their split last year.
- Many women can relate to Kelly, especially as they start to earn higher incomes at their workplaces and fear they will be made to support ex-husbands should they decide to leave their marriages.
- To understand the position according to our local laws, lawyers at HJW Attorneys shed light on the issue and explain that the court's position is different for spousal support and child support.
According to legal documents obtained by The Blast, Kelly's monthly income has been valued at $1 583 617 (R23 million), which formed the basis of the judge's decision regarding payments to clur
"The relationship had been on the rocks for a long time," an insider told US Weekly. "She was the high-income earner with a wildly successful talk show and is the star of another hit show, The Voice. Brandon was extremely jealous of it and made her know it."
Despite this, the 'Kelly Clarkson Show' host is required to pay Brandon $150 000 (R2 189 000) per month in spousal support and a further $45 601 (R665 000) in child support, totalling just over R2,8 million monthly.
Many women can relate to the situation Kelly finds herself in, where it's almost as if they are being punished for their success amid a divorce or being deprived of what's due to them.
Therefore, W24 reached out to lawyers at boutique law firm, HJW Attorneys for clarity. Representing the firm, Michael Clur shared the following information on how local laws operate in situations like this.
He explains that the issue of spousal maintenance is regulated by the Divorce Act 70 of 1979.
"This Act is only applicable to divorces and no party will be liable for spousal maintenance if no marriage relationship existed," says Michael.
The position concerning spousal maintenance is that neither party is automatically entitled to it following a divorce. "The court will exercise a discretion in this regard, and in practice, spousal maintenance is not often a court order unless special circumstances exist," says Michael.
However, the position is different when you have children.
"In terms of child support, the burden to pay the same amount of money is not the father's responsibility, but rather both parents according to their respective financial positions," Michael says.
"This means that a mother may be required to pay child support if she has greater financial means than the father."
The court will use its discretion to grant a maintenance order and is entitled to take into account a non-exhaustive list of factors.
"These include each party's current financial position/earning capacity, age, duration of the marriage, and their conduct insofar as it may have contributed to the breakdown of the marriage. With regard to maintenance in respect of a child, the parent at which the child primarily resides is also an important factor," explains Michael.
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Additional source: US Weekly