FLINT DIVORCE ATTORNEY COMMENTS THAT NAS & KELIS MARRAIGE ENDED.

Flint Divorce Attorney comments on: The Milkshake hitmaker’s marriage to rapper Nas it's officially over.[1]




NAS & KELIS DIVORCE



Power couple Nas and Kelis announced that they were calling it quicks back in April 2009 despite being pregnant with their first son together. Since then they have gone through a nasty legal battle over child support and child custody. Finally, a little over a year later, the marriage has officially come to a close.[4]



MICHIGAN FILING FOR DIVORCE



The initial filing for a divorce without children includes a summons, a complaint, filing fees, and a record of divorce or annulment (some counties require filing at the time of entry of the judgment).[5]



WHEN THERE ARE CHILDREN



If there are minor children or a request for spousal support, a verified statement must be served on the other party and provided to the Friend of the Court. The initial filing for a divorce with minor children must also include information about custody proceedings and the names and birth dates of the minor children.





MICHIGAN BASIS FOR DIVORCE



“[T]here has been a breakdown of the marriage relationship to the extent that the objects of matrimony have been destroyed and there remains no reasonable likelihood that the marriage can be preserved.”[5]





FILING FOR DIVORCE





In legal documents filed last Friday in L.A. County Superior Court and obtained by TMZ, the pair’s union has been terminated.[1]



No divorce judgment may be entered without a hearing in open court at which proofs are taken. The testimony of at least one party must establish the statutory grounds and jurisdiction.[5]



No proofs or testimony can be taken until 60 days after the complaint is filed, or 6 months if there are minor children. The court may not shorten the 60-day period, but may reduce the 6-month period to as few as 60 days if there is “unusual hardship or compelling necessity.”[5]

The parties may preserve testimony during the waiting period.[5]





CHILD CUSTODY AND SPOUSAL SUPPORT



However, the couple still need to agree on child custody and spousal support.[1]



HOW MUCH SUPPORT



Nas currently pays Kelis around $10,000 a month for child and spousal support, which he claims he can’t afford.[1]



Nas has been ordered to pay Kelis $10,000 a month in spousal support.[2]



The Michigan Child Support Formula is used as a guideline for determining the amount of support that may be ordered unless application of the formula is unjust or inappropriate. MCL 552.605(2). [5]





TEMPORARY ORDERS SET SUPPORT ISSUES



May be entered at any time on the filing of a verified motion, after a hearing.

Must state effective date and whether it may be modified retroactively. The order remains in effect until modified or a final judgment or order is entered.[5]





CHILD SUPPORT ARREARAGE



The hip-hop star was also told he has to pay his estranged spouse $47,249.42 in back child support for their seven-month-old son Knight, and $40,454 in back spousal support during a hearing in Los Angeles County Superior Court Monday.[2]



The court has inherent authority as a court of equity to enforce its own directives. The court may enforce provisions in the divorce judgment that the parties agreed to even if the court would not have had authority to order them without the parties’ consent.[5]







SUPPORT INCREASE



In December, Nas had his monthly spousal and child payments to Kelis increased from a combined $40,000 to a total of $51,000 a month, but has failed to keep up with the installments.[2]



The musician — real name Nasir Jones — had his spousal support payments increased in order to cover some of the $299,015.50 he owes the Milkshake singer.[[2]



KELIS HAS IRRECONCILABLE DIFFERENCES



Kelis filed for divorce last April citing “irreconcilable differences”.[1]

FAULT

It is believed she became tired of Nas’ verbal abuse and alleged infidelity.[1]



STARVING PREGNANT MOM



Since their split, the pair have regularly been in dispute over finances, with Kelis claiming Nas had not given her enough money to live on during her pregnancy.

Nas insisted he had paid her $30,000 in expenses.[1]



ITS P.DIDDY’S FAULT



Kelis and Nas originally met at an after-party hosted by P. Diddy for the 2002 MTV Video Music Awards.[1]



HER FUNKY MOOD DETERMINS CHILD VISITATION



In a recent interview with VIBE, Nas implied that Kelis is a little haphazard when it comes to access to their son - depending on her mood.[3]



PARENTING TIME IN MICHIGAN



The Child Custody Act of 1970, MCL 722.21 et seq., establishes rights and duties regarding parenting time (visitation) in disputed actions. The family division of the circuit court has exclusive jurisdiction over cases of child custody, including questions regarding parenting time. See MCL 600.1021(1)(g).

MCL 722.27a sets forth general principles controlling parenting time decisions.

It is presumed that it is in the best interests of a child to have a strong relationship with both parents.

The frequency, duration, and type of parenting time granted should be reasonably calculated to promote a strong relationship between the child and the parent granted parenting time. See also Booth v Booth, 194 Mich App 284, 486 NW2d 116 (1992).

The child has a right to parenting time with a parent unless it is shown on the record by clear and convincing evidence that parenting time would endanger the child’s physical, mental, or emotional health. See also Rozek v Rozek, 203 Mich App 193, 511 NW2d 693 (1993).

If the parents reach an agreement regarding parenting time, the court must order the parenting time terms unless it finds on the record by clear and convincing evidence that the terms are not in the child’s best interests. MCL 722.27a(2). [5]





5YR MARRAIGE



They got engaged a year later and married in Atlanta in 2005[1]



Posted here by

Terry Bankert

http://attorneybankert.com/



See



[1]

http://www.showbizspy.com/article/205193/kelis-officially-divorced-from-nas.html

[2]

http://www.showbizspy.com/article/203026/nas-ordered-to-pay-kelis-10k-per-month.html

[3]

http://www.taletela.com/news/1376/nas-and-kelis-are-officially-divorced

[4]

http://www.hollywoodnews.com/2010/05/25/nas-and-kelis-are-officially-divorced/

[5]

Michigan Family Law Benchbook ch 1 (ICLE 2d ed 2006)