QUESTIONS OF THE WEEK - Wednesday, July 23, 2008

Kitty K., Miami, FL:

One of my favorite actresses, Salma Hayek, just broke up with her fiancé and the father of her child. He's loaded. What can Salma get from him financially now that they are not getting married?

The Lawyer of Love:

It is not clear whether Salma said au revoir to her fiancé. According to USA Today, Salma and her French billionaire, Francois-Henri Pinault, called off their engagement. Hayek and Pinault met in Venice, Italy in May 2006. They announced their engagement and Hayek's pregnancy in March 2007. On September 21, 2007 Hayek gave birth to their daughter, Valentina Pinault. Even while courting, the happy couple did not reside together. Salma resides in Los Angeles, California while Francois lives in Paris, France.

If the relationship is truly over, and Salma and Francois cannot reach an amicable agreement as to support, custody and child-related issues, Salma may file an action in court. If Francois executed a declaration of paternity form at the hospital, the form will have the effect of a judgment and will be conclusive of paternity. In other words, unless Francois can show fraud or duress in execution of this form, he will be declared the daddy and he may not request a DNA test. The execution of the form will also eliminate one step for Salma and she may then pursue custody and support issues without the waiting time involved in pursuit of a DNA test.

Salma is not just a pretty face. She has numerous business ventures, including as executive producer of ABC's Ugly Betty. She is also the chief executive of Ventanazul, a production company she formed with Metro-Goldwyn-Mayer, Inc. Pinault is the CEO of a luxury goods company called PPR and has a billionaire father. Because both parties have plenty of cash, the formula for child support is virtually impossible to predict. Calculating California child support guidelines involves a complicated algebraic formula that computes child support based upon the parents' income, the percentage of time the parties spend with their children and numerous other factors. If Salma has a creative lawyer, the attorney may try to argue in favor of what is called a "deviation from child support guidelines." If Salma qualifies, this will allow Salma's counsel to request above guideline support (more support for Salma). The determination as whether the request for above guideline support will be granted can be based upon numerous factors, including but not limited to facts in the case, legal precedent, statutory factors, credibility of the witnesses and the judge's discretion.

No matter what happens, one thing is patently clear -- Valentina will be a pampered child.

Robert T., Alsip, OH:

Why did A-Rod's wife file for divorce? What is an alienation of affections action and how does A-Rod's wife have an action for alienation of affections against Madonna?

The Lawyer of Love:

Following unsubstantiated rumors about extramarital affairs with Madonna and a Vegas stripper, Cynthia Rodriguez finally made a line drive to divorce court on July 7, 2008. After more than five years of wedded bliss, Cynthia filed her divorce petition in Miami-Dade County Family Court. In her petition, C-Rod is seeking shared parenting of their two daughters, three-year-old Natasha and three-month-old Ella. Cynthia is also requesting to maintain the six-bedroom, $12-million-dollar home in Florida and an equitable distribution of the assets. Among other things, she is also asking that A-Rod pay her maintenance, child support and private school tuition for the children. Despite execution of a prenuptial agreement on October 3, 2002, Cynthia is requesting further investigation as to the validity of the prenuptial agreement.

Florida does not recognize alienation of affection as a cause of action. Most states have abolished this tort claim, which allows a wronged spouse to sue the other spouse's lover for breaking up the marriage. In some states, however, an alienation of affection action may also be pursued against a relative who encouraged a spouse to leave the marital relationship. Critics of these laws argue that such lawsuits are a misuse of the system because embittered spouses use them to seek vengeance against a lover. An alienation of affection claim is very difficult to prove and may not be worthwhile because the damages are generally limited to actual damages, and punitive damages are not recoverable. There is also no way to determine if the chicken came before the egg. In other words, the affair is usually a symptom of a failing marriage so proof is difficult to pinpoint and can be a terrible waste of resources.

Based on the limitations in the law in Florida, it may seem as though A-Rod scored a home run. Just remember, if Cynthia has smart lawyers, appearances may be deceiving and there is always another way to bring a proverbial baller to his knees.

Dane S., Miami, FL:

I saw that Andy Dick was arrested in Las Vegas, but haven't been able to find out much about the charges against one of my favorite comedians. What is going on with him?

The Lawyer of Love:

Looks like Andy Dick's urges got him in trouble again. Dick was arrested on July 16, 2008 in Murrieta, California. According to the Murrieta Police Department, the police responded to a call at the Buffalo Wild Wings Restaurant and were asked to investigate an unidentified intoxicated male urinating outside the bar and causing some type of fracas. Several witnesses told the police that Dick approached a woman outside the bar, groped her breasts, and then grabbed her tank top and bra and pulled then down exposing her breasts. After a curbside lineup, the female and witnesses identified Dick. A search of Dick's pants pockets allegedly revealed marijuana and Xanax. As a result, Dick was booked on suspicion of felony possession of a controlled substance, misdemeanor sexual battery and misdemeanor possession of marijuana. Dick is scheduled for an arraignment on August 12, 2008.

This was not the first time Dick encountered problems with the law. Apparently, Dick likes to show his dick and urinate in public. Dick was reported to have exposed himself to audiences on two occasions and was forcibly removed from the set of Jimmy Kimmel Live after he repeatedly groped Ivanka Trump. Also, in 2007, the owner of a comedy club in Columbus, Ohio reported Dick for groping patrons, taking women in the men's room, urinating on the floor and on at least one person.

Actually, jail may prove wonders for Dick. He can urinate and grope all he wants, while learning a valuable lesson.

Pam L., Calgary, Canada:

My parents divorced when I was two years old and my mom remarried last year (I'm 20 now). My stepfather has a son who is a few years older than I, and he is totally hot. I am so attracted to him and I think he feels the same way about me. We are not related, but is there anything that can legally prevent us from having a relationship?

The Lawyer of Love:

From a legal perspective, you are free to date. Just remember that nothing lasts forever. Forget about attending family dinners and holidays if the relationship ends badly. Worse yet, if both of you still live at home with Mom and Stepdaddy, make sure you have a strong exit plan.