Month: September 2021

Speaking Engagement: 2021 Case Law Update

For anyone interested in the latest developments in Florida family law and hasn’t already registered, I will be speaking again at the 2021 Case Law Update on October 14, 2021. Join me and fellow board certified Marital & Family Law attorney, Reuben Doupé, for an interactive discussion on some of the major Florida family law decisions that have helped shape 2021.

Case Law Update

Sponsored by the Florida Bar Family Law Section, attendees will be eligible for 2 CLE credits – 0.5 of which may be applied towards Ethics.

Topics will include the latest decisions from Florida appellate courts on parenting plans, alimony, equitable distribution, child support, relocations, modifications, enforcement, contempt, paternity, attorney’s fees, and more.

Registration is here.

Custody Unconnected with Divorce

Skateboarder and actor, Bam Margera, whose filmography includes the “Jackass” film franchise, is learning his wife, Nicole Boyd, filed for custody of the couple’s son, but unconnected with divorce. If approved by the court, Boyd would be awarded full custody of their 3-year-old son, perhaps child support, but no divorce from her husband.

Custody Unconnected Divorce

Bam!

Brandon Cole “Bam” Margera is an American skateboarder, stunt performer, television personality, and filmmaker. He came to prominence in the early 2000s as one of the stars of the MTV reality stunt show “Jackass”. He also created the Jackass spin-off shows Viva La Bam and Bam’s Unholy Union and co-wrote and directed his films Haggard and Minghags.

On October 5, 2013, he married Nicole Boyd in Reykjavík, Iceland. On June 19, 2017, Margera announced that Boyd was pregnant with the couple’s first child. On September 7, 2017, it was announced that the child, a boy who was born on December 23, 2017.

Bam’s wife Nicole is 37 years old and hails from California. Like Bam, she also works in entertainment. According to Biographypedia, she worked as an actress and performed at PennHurst Asylum, which is one of the scariest haunted attractions in the US. In 2016, she also appeared on an episode of the TV series Togetherness.

According to media sources, Nicole Boyd filed pleadings last week in a Los Angeles Superior Court seeking full custody of their child. She’s willing to give Bam visitation, but only with a timesharing supervisor – whom he can select – but she must approve. Notably, Nicole only asked the court to resolve the issue of child custody. According to reports, she did not file a divorce petition to end their 8-year marriage.

The “Jackass” star has had an incredibly turbulent past couple years, which recently culminated with him suing Johnny Knoxville and several other members of the “Jackass” team for alleged “inhumane treatment.”

This came well after Bam got booted from the fourth installment of the film franchise for failing to stay clear of drugs and alcohol, escalating attacks on the “Jackass” crew and rants about suicide. Things got so bad, director Jeff Tremaine got a restraining order against him.

Parenting Plan Unconnected with Dissolution of Marriage

I’ve written about child custody before. Florida does not use the term “custody”. Instead, we have the parenting plan concept. For purposes of establishing a parenting plan, the best interest of the child is the primary consideration.

The best interests of the child are determined by evaluating all of the factors affecting the welfare and interests of the particular minor child and the circumstances of that family, including the mental and physical health of the parents. What about filing for divorce?

Florida provides for filing a petition for support and for a parenting plan unconnected with a dissolution of marriage. There may be several reasons why a couple may not want to petition for divorce, but do want to establish child support and a parenting plan. For example, they may not meet the requirements for dissolution of marriage, or their religion may prohibit divorce, or maybe they were divorced and never received a parenting plan in their original state or country.

Risky Business

Boyd’s bid for custody is just the latest legal battle that Bam has found himself entangled in within recent months. Back in June, Jackass 4 director Jeff Tremaine won a restraining order against Margera, a previous star of the MTV movie and TV franchise.

At the time, a judge granted the permanent restraining order for a period of three years. The restraining order is also applicable to Tremaine’s wife and two kids.

Tremaine, 55, filed for the restraining order against Margera after the former TV star allegedly sent him and his family death threats. In the documents obtained by PEOPLE, Tremaine included several screenshots of texts allegedly sent from Margera, including one in which he says he meant the threats against Tremaine’s children “from the bottom of my heart.”

In addition to threatening messages, Tremaine claimed that Margera called his colleague and said “that he has ‘powers as a wizard’ and ‘can create and strike lightning’ while speaking at times using numbers instead of English.”

Then, in August, Margera sued Johnny Knoxville and others for what he alleged was a wrongful firing from the upcoming film, Jackass Forever. Knoxville has not returned PEOPLE’s request for comment.

According to court documents obtained by PEOPLE, Margera sued Knoxville, directors Tremaine and Spike Jonze and Paramount Pictures alleging “inhumane, abusive and discriminatory treatment” of him.
The star was fired from the franchise last year after testing positive for Adderall, a supposed violation of his “wellness agreement,” which he signed with the film’s producers.

Margera, who has struggled with substance abuse and been in and out of rehab in the past, alleged in his lawsuit that Jonze, 51, Tremaine and Knoxville, 50, “accosted him and coerced him into signing a draconian ‘Wellness Agreement.'” If he didn’t, he claimed, they told him he would be cut from all future Jackass projects.

The Yahoo Entertainment article is here.

Social Media and the Kardashian Divorce

For singer Kanye West, keeping up with his Wife Kim Kardashian on social media during their divorce just became a little harder. Forget the pandemic, the real news is that Kanye unfollowed Kim on Instagram! Few realize that social media can play an important role in a divorce.

divorce social media

Gold Digger?

Kim and Kanye married in Florence, Italy on May 24, 2014. A source reported that the couple had been going to marriage counseling. However, after counseling, Kim filed for divorce this year. The couple likely has a prenup, given the money at stake and considering it’s Kardashian West’s third marriage. Additionally, their biggest assets may be separately owned and operated businesses.

Their divorce could get more complicated when it comes to their shared real estate assets — including their Calabasas mansion, with an estimated $30,000 bathroom sink.

Kanye may the wealthier of the pair, with his net worth tied up in Yeezy, with an estimated value of $1.26 billion. His shoe brand is known for sneakers that cost upwards of $200 a pair. Kim’s wealth is believed to be invested in KKW Beauty with an estimated value of $500 million.

Social Media and Divorce

I’ve written about the widespread use of social media in society, and how that impacts family law cases – especially when it comes to authenticating documents in a divorce court.

Some exhibits are so trustworthy they don’t even require a witness to authenticate. Evidence Rule 201 lists matters which a court must judicially notice, meaning a judge does not have discretion but to admit indisputable evidence.

The list is short and includes laws of the Congress and Florida Legislature; Florida statewide rules of court, rules of United States courts, and U.S. Supreme Court rules.

Rule 202 includes even more matters, but also provides judges leeway in deciding whether or not to take judicial notice. For example, the statute allows a court to take judicial notice of facts that are not subject to dispute because they are “generally known within the territorial jurisdiction of the court”, and facts that are not subject to dispute because they are “capable of accurate and ready determination by resort to sources whose accuracy cannot be questioned.”

But with the widespread use of fake social media accounts, you have to start to wonder whether the genuineness assumption of evidence in family court still stands. Anyone can set up a fake Kardashian Instagram account.

The increasing use of electronic evidence at trial, and the ease with which it is impersonated and manipulated, pressures us to bolster foundational evidence more than ever.

Stronger

Kanye previously unfollowed Kim and her sisters on Twitter in June. He confessed to being unfaithful during their seven-year union in a song:

 “Here I go actin’ too rich / Here I go with a new chick / And I know what the truth is / Still playin’ after two kids / It’s a lot to digest when your life always movin.”

Social media is the cause behind one in seven divorces. Social media can not only cause marriages to end — they can impact your divorce and weaken your case.

One of the first places your spouse’s divorce lawyer will look for evidence is online. Even seemingly harmless pictures or statements can have a legal impact later. When you are disputing child custody, what you post on Facebook can make you seem unfit.

It can be frustrating to know the latest legal motion in your divorce was the result of something you posted online. Although you don’t have to remove your social media presence during a divorce, caution in posting is advised.

While your divorce case is pending, limit your posting online. Be careful when discussing things with your soon to be Ex and their friends. Also, be careful of the kinds of photos you post online as they can hurt your custody case.

Kanye has had a complicated relationship with social media. In July 2020, he claimed on Twitter that he had been trying to divorce Kardashian after she “met with Meek [Mill]” nearly two years prior to discuss prison reform.

Kanye referred to Kim’s mother, Kris Jenner, as “Kris Jong-Un”.

Conversely, Kim is playing things well. She publicly supports Kanye after separating, defends him, and asked her fans to be kind to him as he has bipolar disorder.

“He is a brilliant but complicated person who on top of the pressures of being an artist and a black man, who experienced the painful loss of his mother, and has to deal with the pressure and isolation that is heightened by his bi-polar disorder. Those who are close with Kanye know his heart and understand his words do not align with his intentions.”

The Fox News article is here.