Archives for November 2023

California Divorce: Next Chapters in Kevin Costner Divorce Case

If divorce is in your present or near future, the legal challenges that have arisen in the divorce between Kevin Costner and Christine Baumgartner may provide helpful insight into issues that you may face in your own divorce.  This article will provide highlights from this Hollywood divorce that give insight into discovery issues, child support arguments, tactics and testimony for evidentiary hearings on child support matters. 

Kevin and Christine have discovery issues.

  • As reported by People.com, discovery propounded by Christine demanded information from Costner on “expenses paid by you, or any person at your request or on your behalf, relating to any extramarital romantic relationships.” 
  • Kevin objected that the discovery was “propounded only for the purpose of harassment, is overbroad as to time period and subject matter, burdensome, oppressive and impermissibly compound.”
  • Kevin objected on the basis of relevance, with the reasoning that there was no community property.
  • After making the objections, Kevin’s legal team responded that he had no responsive documents for “extramarital romantic relationships” in which he engaged, because he engaged in none. 

Christine and Kevin had a child support hearing. 

  • Christine sought $161,592 in child support, but she did not prevail and after a two-day hearing, Kevin was ordered to pay $63,209 per month. 
  • Kevin offered $75,000 a month prior to the hearing, but Christine declined and wanted the judge to decide.  

Both Kevin and Christine testified at the evidentiary hearing about child support.

  • Christine’s attorney argued that the lifestyle the three children have grown accustomed to “is in their DNA at this point.”
  • Christine explained how a decrease in financial status would affect their kids because the ocean is their home and the surf garage at Kevin’s home is 50 steps from “toes in the water.”
  • Kevin testified that while he would not want to live in the $40,000 a month property that Christine is currently rented, he explained that it was not because it wasn’t comparable to his home, but because he raised three children in his home and “their hands are in the stone.”

Contact an Experienced California Divorce Attorney

Divorce can be challenging for the parties and children involved, but having an experienced divorce attorney by your side can help reduce your anxieties and give you confidence that you will not be taken advantage of by the person you once trusted, your former spouse. At the Law Office of David Knecht, we are here to help you! We understand the mental and financial challenges that you will face, and we will use our extensive experience with family law to help support you and walk you through the legal challenges. Contact us today at 707-451-4502. 



Filed Under: Divorce Advice

California Divorce and AB-957

AB-957 is a bill, which the California Senate and Assembly approved, and as of the writing of this article, September 13, 2023, it is awaiting Governor Gavin Newsome’s signature.

Where can you see the text of the bill?

What does the bill change?

  • The law has been that the court makes a determination in the best interest in the child, which includes considering the health, safety and welfare of the child. 
  • The bill adds that the health, safety and welfare of the child includes, among other factors, a parent’s affirmation of the child’s gender identify or gender expression. 
  • The bill also states that affirmation includes a range of actions and will be unique for each child, but in every case must promote the child’s overall health and well-being. 

 Does this require the court to award custody to the gender affirming parent?

  • According to Scott Alman, who is a family law professor at the University of Southern California, the bill “does not announce any bright line rules forbidding the judge to award custody to a denying parent or mandating that the judge award a child to an affirming parent.” 
  • In Altman’s opinion, as quoted by the AP.com article, while the bill sends signals that affirming is generally better than denying a child’s gender identity, it does not mark a dramatic legal shift because courts have long been tasked with resolving custody disputes involving LGBTQ+ children, and judges already consider multiple factors. 

How impactful will this bill be on custody disputes in the future?

  • As this change is new, it is unclear how extensive, if any, the impact will be in custody cases in California.
  • The arguments for and against are explained in detail and can be viewed by clicking “Assembly Floor Analysis”.

Contact an Experienced California Divorce Attorney

If you are anticipating custody issues in your divorce, contact us at the Law Office of David Knecht. We have extensive experience with family law and can help you navigate the legal system. We will craft compelling arguments in favor of the plan that you think is best for your children and assist you in strategizing how to achieve your divorce goals. Contact us today at 707-451-4502. 



Filed Under: General

California Divorce and Frozen Embryos

Many couples create frozen embryos either before or during marriage, and then upon divorce issues can arise. This article will discuss the high profile California embryo dispute between Modern Family star, Sofia Vergara and her ex-fiancé and then summarize some best practices to follow if you are thinking of creating embryos. 

Sofia Vergara and Nick Loeb – California court upholds contract. 

  • Modern Family star, Sofia Vergara and her ex-fiancé created embryos prior to their break up in 2014. 
  • In 2016, Vergara sued Loeb seeking a court order that any attempts to bring the embryo to life would be a breach of their contract.
  • Vergara and Loeb created an embryo disposition contract in 2013, where a party seeking to use the embryo needed the other’s written consent. 
  • In a seeming effort to gain a jurisdictional advantage, Loeb sued Vergara in Louisiana, where destruction of embryos is prohibited by statute but the case in Louisiana was dismissed. 
  • Loeb’s lawyers argued that the contract was a “form directive” that is void and against public policy because it does not comply with California law since it lacks a provision dealing with what happens in case of divorce or separation. 
  • Loeb also argued that he had a valid separate enforceable oral agreement with Vergara authorizing him to have the embryos implanted in a surrogate, and he argued the contract was invalid for duress because she had yelled at him prior to the contract execution.
  • The court made a judicial determination that the form directive entered by the parties was a valid enforceable contract and rejected Loeb’s arguments, so Vergara won the case. 

Best practices for protecting your interests when creating embryos. 

  • First, know that the law relating to embryos is still in flux, as many of the embryo cases in California and throughout the country are scare and new. For this reason, there are no hard and fast rules for protecting your interests with regard to embryos, but this article will suggest ideas that are supported by cases in California and throughout the U.S. 
  • A contract with the any parties involved in writing that clearly defines all possible scenarios and the agreed upon outcome may help protect your interest.
  • Each party to the contract should be represented by their own attorney. 
  • Consider not only the people creating the embryos, but also any egg donors or sperm donors that may be involved. 
  • Think through who will be paying for creation and storage fees and any financial terms that should be included relating to money. 
  • Generally, embryos cannot be sold, so consider the market value of the embryo as zero. However, embryos can be donated, and costs can be involved in donation, such as legal fees, medical facility transfer fees, family match fees through agencies, etc.)

Contact an Experienced California Divorce Attorney

If you are considering creating embryos or if you are divorcing and need help fighting for your interests relating to embryos, contact us at the Law Office of David Knecht. We have  extensive experience with family law to help support you and walk you through the legal issues relating to embryos or any other divorce or family law issue. Contact us today at 707-451-4502. 



Filed Under: Divorce Advice

Estate Planning Ideas: Transfer Wealth by Helping Your Children Buy a Home

People commonly think of estate planning as only being relevant after you have passed, but there are many tools for transferring wealth during your lifetime. This article will summarize three ways that you can transfer wealth to your children through helping them purchase a home.

Lend money as an intrafamily loan. 

  • A family loan can greatly benefit family members purchasing a home because they can avoid the high interest rates that are currently market standard.  
  • One common challenge is that a loan to one family member may strain relationships with other family members who were not given the opportunity for an intrafamily loan. 
  • Another challenge to be aware of is the complication of a intrafamily loan to a married family member who may subsequently get divorced.

Give money as a gift. 

  • A gift can be used outright or in the form of loan forgiveness. 
  • The lifetime gift exemption is cumulative and applies to all recipients, and under federal life that amount is $12.92 million per person, or $25.84 million for a married couple. (Numbers scheduled to change in 2026.)

 Co-sign a loan. 

  • Another common way for a parent to assist is to act as a guarantor or co-signer on a loan. 
  • This helps a child who may not have established credit and may help the child secure a better loan. 
  • The risk is that the parent is likely obligated under the terms of the loan if the child does not pay. 

Contact an Experienced Estate Planning Attorney

If you are interested in learning more about methods and tools for transferring wealth during life or after death, contact us at the Law Office of David Knecht. We have extensive experience with estate planning and can help update an old plan or create a new one that meets your needs. Contact us today at 707-451-4502. 



Filed Under: Estate Planning, Estates