Kevin Costner’s wife claims she doesn’t have to leave the home because of the three children she shares with her ex. In court documents, Christine Baumgartner argues that the children change the terms of the prenup — and so, Nicki Swift asked attorney Holly Davis if this was valid. “When a parent is the primary caregiver to children, and the children’s needs are not anticipated in a premarital agreement because they were not born yet, then the children’s needs for stability and their effective kickout under the terms of the premarital agreement would be a reason to refuse to abide by the premarital agreement,” Davis explained. “The argument is that the children’s needs for stability and their status quo with their mother as their primary caregiver trump any kickout order under a premarital agreement that didn’t address what would happen in the event of the parties having children who lived in that home, too,” she added.
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And then, there’s the issue of child support. Baumgartner is asking for $248,000 per month in child support for the former couple’s three children, but according to People, Costner isn’t on the same page. Instead, he is willing to pay $38,000 a month, as well as “100% of certain child related costs, including private school tuition, books, fees,” and more. Costner also says he already paid Baumgartner $1 million — so now what?
