Kajko, Weisman & Colasanti, LLP

Settlement reached in Linda Evangelista child support case

Divorcing Boston area couples with children want to have reasonable child custody and child support agreements, but sometimes the parents disagree strongly on what is reasonable. At times, these disagreements may require litigation to reach a resolution.

One couple whose child custody and child support disagreements led them to the courtroom is Linda Evangelista and the billionaire father of her 5-year-old son. A few days after the child custody and child support trial began, however, Evangelista and her child's father reached an undisclosed settlement. The settlement must still be confirmed and finalized in writing.

Reports indicate that Evangelista sought a monthly child support amount of approximately $46,000, which would be used for, among other things, 24-hour child care and a bodyguard for the couple's son. Although she denied such a figure in court last week, no other figure has been mentioned. The father's lawyers questioned the requested support, suggesting that it was, at least in part, an attempt to gain funds for herself.

Because disputes about the reasonableness of child support arise so often, states have set up guidelines to calculate support. Each state sets up its own child support system so there is variation in state child support guidelines, but most state calculations include:

• The financial needs of the child, including education, day care, insurance or any special needs.

• The income and needs of the parent with custody of the child.

• The income and ability to pay of the parent who is paying child support.

• The child's standard of living before any separation or divorce.

Source: ABC News, "Linda Evangelista Settles Child Custody Case," Luchina Fisher, May 7, 2012.

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