The lowest-profile Kardashian, brother Rob, is once again making headlines for his response to model/entrepreneur Blac Chyna’s infamous “stroller fight” that occurred at Six Flags Magic Mountain on Easter Sunday. A video surfaced of Chyna (with her two children–a daughter, Dream, with Kardashian, and a son, King Cairo, with Tyga, the rapper) swinging a car-shaped stroller at someone. This video was shared on Instagram by Kardashian himself, ironically one of his first posts since he was allowed back on the site after being banned for posting explicit videos and expletive-ridden content about Chyna immediately following their nasty break-up. As a result of his posts, Chyna obtained a temporary domestic violence restraining order against Kardashian, and in September 2017, the two settled, agreeing to 50/50 custodial timeshare of their daughter and $20,000 per month in child support paid by Kardashian.
Immediately after “stroller fight,” TMZ began reporting that Kardashian intends to take Chyna back to court to increase his custody and lower his child support. Reportedly he is concerned about Chyna’s parenting. Additionally, he now earns less than Chyna because he has seen a drastic drop in income due to his Instagram ban.
California’s child support “guideline” calculation takes into account each parent’s income and each parent’s custodial timeshare. Family Code §4055. The amount established by the formula is presumed to be correct. Family Code §4057(a). Since child support was based on a stipulated agreement between Kardashian and Chyna, Kardashian would only be allowed to change support if the original support amount was below guideline (Family Code §4065) or if it was above guideline and a material change of circumstances had occurred. In re Marriage of Laudeman (2001) 92 Cal.App.4th 1009.
However, it may be that Kardashian is already paying less than the guideline amount given his wealth. A person who has extraordinarily high earnings cannot necessarily lower their child support just because their income was reduced if that reduction is not material given the prior earnings and child support payment. In re Marriage of Usher (2016) 6 Cal.App.5th 347. Family Code §4057(b)(3) addresses the “extraordinarily high income” earner, allowing a court to order an off-guideline amount when the guideline would exceed the child’s needs.
The bad news for Kardashian is that the baby stroller company, Momiie, pulled the plug on its deal with Chyna just days after stroller fight, which may result in Chyna having a reduction in income, as well. Apparently, stroller companies do not think all publicity is good publicity.
About the authors:
Sarah Van Voorhis and Ariel Sosna, both Certified Family Law Specialists, are founding partners of Van Voorhis & Sosna. Follow them on Twitter at @VanVoorhisSosna.
