Kevin Costner, the famous American actor, director, and producer, has been ordered to pay $129,000 per month in child support to his estranged wife, Christine Baumgartner. The decision was made official by a judge during a hearing on Wednesday afternoon, following a contentious divorce case. The amount is less than the $248,000 per month that Baumgartner was seeking but more than what Costner was willing to pay.
The child support hearing was part of a larger divorce case between Kevin Costner and Christine Baumgartner. The couple has three children together. The judge reserved the power to retroactively reduce child support if he later determines the amount exceeds what is necessary. Baumgartner is entitled to receive a monthly amount that will allow the kids the same standard of living when they are in her care versus with their famous dad.
According to a courtroom source, Costner’s team said they need two days to prove what’s financially necessary, while Baumgartner’s attorney stated they need four days. The judge has no space on his calendar this year for a hearing of that length, so a date has yet to be set.
There is a hearing on the books for next month regarding attorneys fees. Costner is looking to recoup $99,225 incurred in enforcing the provision of the prenup that required Baumgartner to move out of the house. Last week, a judge sided with the actor that Baumgartner must vacate their beachfront compound in Santa Barbara, Calif., as the prenup she signed in 2004 clearly stated she’d leave within 30 days of filing for divorce. Baumgartner filed on May 1, but her lawyers tried to argue she didn’t have the means to secure a new place to live in the expensive area.
Per their premarital agreement, Baumgartner agreed to accept $1 million if they broke up in lieu of any spousal support. Costner has sent her the check, but she refuses to cash it. Baumgartner is trying to get as much money out of the actor as possible by challenging the limitation on spousal support allocated in their prenup.
“If Christine, in any manner, challenges or assists in the challenge of the validity or enforceability of any provision of this Agreement, she shall lose any and all rights to receive any payment, Property or Interest from Kevin pursuant to this Agreement,” according to the prenuptial agreement.
“It is a dangerous game for Christine to challenge the premarital agreement because she will be responsible for Kevin’s attorney fees if she loses,” said celebrity divorce attorney Chris Melcher. “If Kevin prevails and is awarded attorney fees, it could offset the million dollars she gets under the prenup– potentially leaving her with nothing.”
The last two months have been messy, and there’s no sign the two sides will come to an agreement. “The time to settle was before Christine went to court. By making her allegations in public court documents, it took away her leverage to reach a quiet settlement,” said the veteran attorney. “Christine overplayed her hand by taking such an aggressive position. She needs to come to the table and make a deal.”
The judge presiding over the case extended Costner’s temporary monthly payments of $129,755 in child support and denied his lawyers’ request to settle the matter of child support before the trial date to determine the validity of challenging the couple’s prenuptial agreement on Nov. 27. Costner’s attorneys also requested they have 10 days to review final forensic accountant files before the trial start dates for both the child support and prenuptial agreements since there are nearly 9,000 pages of forensic accounting documents so far.
The judge said an “evidentiary hearing is unlikely in the foreseeable future” on the matter of child support and that the tentative ruling stands in the meantime. However, the ruling is retroactive, meaning that child support will have to be paid forward dating back to July 1 if changes are made in the final ruling of the case.
“The amount of child support is obscene, but the court was required to use a formula to set child support based on Kevin’s income until it has time to hold a hearing on the actual needs of the children. Because Kevin’s income is approximately $2 million a month, the guideline formula produced an enormous amount of support,” said Melcher.
Marilyn Chinitz, a matrimonial attorney at Blank Rome in New York, said that such clauses in prenuptial agreements are fairly routine. “Attorneys call these provisions ‘in torrerem’ because it is a clause to instill fear. They are incentivizing someone from challenging the agreement.”
