Congratulations to @MavisBeacon for the thread title, as nominated by @Bridgeofsighs!
Recap
The big news is that Alice's witness list and request for child support have dropped (on 2 July).
I don't have time to do a proper recap as we're right in the middle of discussing it, but below are some preliminary thoughts from @Hiraeth on spousal support. The general consensus amongst Turds though is that with this filing, Alice is conducting litigation abuse of Ioan.
To nobody's surprise, a story in the Daily Mail has already appeared as an 'exclusive", because Alice has Alison Boshoff on speed-dial. It will be interesting to see if the story is amended, as it looks like there are some inaccuracies/defamatory statements in the story as it appeared online c. 10pm BST on 2 July 2024.
Previous thread - https://tattle.life/threads/alice-e...hing-bianca-can-do-alice-can-do-bitter.45859/
Hiraeth's comments on the spousal support part of Alice's request for child support
- Alice is now contesting the prenup—5 lawyers and three years later. Her reasoning is that the prenup is “vague and ambiguous” and that it did not provide a full disclosure of Ioan’s assets. Of course, no actual evidence is given to support this allegation other than something that invalidates her point (see below).
- The cited case (Last v. Superior Court) is easily defeated if Ioan makes a Request for Order determining the validity of the prenup. He has also overpaid support which makes citing this case dodgy indeed. Alice should be careful what she wishes for, since Last v. Superior Court specifically approves reimbursement of any temporary spousal support paid.
- Ioan needs to right away file a Request for Order that the prenuptial agreement is valid in order to completely take this argument from Alice.
- Alice is asking for “guideline” spousal support, which is the temporary spousal support calculation provided under California law. That temporary spousal support calculation, in Los Angeles County, is 40% of Ioan’s net income after any deduction for child support, less 50% of Alice’s net income.
- This filing does not address Alice’s ability to work a regular job at all. It only states that she cannot be considered for acting roles that require her to travel. This is a massive error that I’m sure Ioan’s lawyers will pounce on. Alice hasn’t stated anywhere that she is unable to work a regular job to earn income.
- The filing grossly misstates the guidelines of the prenup. Alice says in her declaration that the prenup punishes her for having children. It doesn’t. The prenup treats both parties exactly the same, and if they have children then child support will be paid, massively increasing the amount received by the respective spouse. If they don’t have children then support is increased because that’s all the support that will be given.
- Her allegation that the financial disclosures by Ioan on the prenup were not full and fair is ridiculous. Her only argument to support this is that the home was worth less than stated. If the fair market value of the home was indeed less than what was reported on the prenuptial agreement, then that is a point in Ioan’s favor, not Alice’s, since he did not undervalue anything. It’s absurd to argue that you need more money because the guy you were marrying was poorer than you thought!
- Alice declares under penalty of perjury that she is applying for welfare. Sure, Jan.
- Paragraph 21 of Janina’s declaration keeps referring to Ioan as “Gruffuddd” and it’s sending me.
Recap
The big news is that Alice's witness list and request for child support have dropped (on 2 July).
I don't have time to do a proper recap as we're right in the middle of discussing it, but below are some preliminary thoughts from @Hiraeth on spousal support. The general consensus amongst Turds though is that with this filing, Alice is conducting litigation abuse of Ioan.
To nobody's surprise, a story in the Daily Mail has already appeared as an 'exclusive", because Alice has Alison Boshoff on speed-dial. It will be interesting to see if the story is amended, as it looks like there are some inaccuracies/defamatory statements in the story as it appeared online c. 10pm BST on 2 July 2024.
Previous thread - https://tattle.life/threads/alice-e...hing-bianca-can-do-alice-can-do-bitter.45859/
Hiraeth's comments on the spousal support part of Alice's request for child support
- Alice is now contesting the prenup—5 lawyers and three years later. Her reasoning is that the prenup is “vague and ambiguous” and that it did not provide a full disclosure of Ioan’s assets. Of course, no actual evidence is given to support this allegation other than something that invalidates her point (see below).
- The cited case (Last v. Superior Court) is easily defeated if Ioan makes a Request for Order determining the validity of the prenup. He has also overpaid support which makes citing this case dodgy indeed. Alice should be careful what she wishes for, since Last v. Superior Court specifically approves reimbursement of any temporary spousal support paid.
- Ioan needs to right away file a Request for Order that the prenuptial agreement is valid in order to completely take this argument from Alice.
- Alice is asking for “guideline” spousal support, which is the temporary spousal support calculation provided under California law. That temporary spousal support calculation, in Los Angeles County, is 40% of Ioan’s net income after any deduction for child support, less 50% of Alice’s net income.
- This filing does not address Alice’s ability to work a regular job at all. It only states that she cannot be considered for acting roles that require her to travel. This is a massive error that I’m sure Ioan’s lawyers will pounce on. Alice hasn’t stated anywhere that she is unable to work a regular job to earn income.
- The filing grossly misstates the guidelines of the prenup. Alice says in her declaration that the prenup punishes her for having children. It doesn’t. The prenup treats both parties exactly the same, and if they have children then child support will be paid, massively increasing the amount received by the respective spouse. If they don’t have children then support is increased because that’s all the support that will be given.
- Her allegation that the financial disclosures by Ioan on the prenup were not full and fair is ridiculous. Her only argument to support this is that the home was worth less than stated. If the fair market value of the home was indeed less than what was reported on the prenuptial agreement, then that is a point in Ioan’s favor, not Alice’s, since he did not undervalue anything. It’s absurd to argue that you need more money because the guy you were marrying was poorer than you thought!
- Alice declares under penalty of perjury that she is applying for welfare. Sure, Jan.
- Paragraph 21 of Janina’s declaration keeps referring to Ioan as “Gruffuddd” and it’s sending me.
