Duggar Lawsuit Woes
It’s now being reported that an alleged non-Duggar family molestation victim is readying to file a civil lawsuit against Josh Duggar. If this case is brought, expect the first issue to be the statute of limitations. Whether a case is criminal (where the accused faces a conviction and custody) or civil (where the parties are only fighting about money), notions of fair play require that it be brought within a certain amount of time. Duggar’s first avenue of defense against this case is that it is brought too late, and therefore barred by the statute.
However, sexual abuse cases are one area where the law has been very generous in allowing cases to go forward, even after the passage of time. This is especially true where the victims are young, or because of the nature of the harm done, and their immaturity, they failed to realize the impact that the defendant’s actions had on them until a later time. Arkansas law specifically allows for a civil action to be filed when a sexual abuse victim starts to experience the impact of the abuse years later. This may allow the potential plaintiff’s case against Duggar in civil court to survive, even though the criminal statute has long since passed.
In fact, what makes this case so interesting from a legal perspective, is that since there is no possibility of a criminal case here, there will be no possibility of Josh, dad Jim Bob, mom Michelle, or any other potential family-member witness to avoid answering questions on the basis of the Fifth Amendment right not to incriminate themselves.
Chris Brown Files for Paternity
Chris Brown has reportedly filed a petition to establish paternity in a Texas court. The reason? Once he is found to be the father of the 14-month-old girl Royalty, he will be able to seek a court order for visitation, and to address the legal issue of child support. It’s been reported that “baby mama” Nia Guzman has refused to let Chris see his daughter, and that she has been demanding $15,000 per month in child support, a figure well beyond what Chris apparently believes is fair.
Chris may find that the Texas legislature agrees.
Texas has a statutory formula for establishing the presumptively reasonable amount of child support as a percentage of net income. The percentage of income varies, depending upon the number of children involved, but for one child it is 20% of the net income earned. But here’s the factor that works in Brown’s favor: there is a cap at $7,500 of net income per month. That means if you make more than $7,500 per month, under the legal formula, it doesn’t matter.
Of course, it is possible to obtain an order for more than the amount outlined in the Texas law, but it requires a showing the increased amount is necessary for “the proven needs of the child.” Whether or not that will be the case here is an open question, but one thing’s for sure: Chris Brown isn’t waiting for the fight to come to him!
- #JourneyAcrossAmerica Update - May 10, 2017
- CNN Interview for my #RunAcrossAmerica - April 21, 2017
- #WhatsMyWin Training and Interview for my #RunAcrossAmerica - April 21, 2017
Darren is an accomplished TV personality, attorney, interventionist, keynote speaker, and 'misbehavior expert' who appears constantly on countless TV and radio shows.