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Attorneys for former Portland Trail Blazer Nic Batum and his ex-wife, Melanie Pimentel, were back in court Friday, this time to deal with Pimentel's extensive request for information about Batum's finances.
The 45-minute hearing offered a few insights into Batum's personal finances.
For example, Batum receives $350,000 annually from an endorsement deal with Adidas. The money goes to a French trust for the benefit of his mother and sister, said his attorney, Gary Bullock.
The deep dive into Batum's financial records in the United States and France – Batum is a French citizen – is an overreach by Pimentel, Bullock said.
Pimentel "appears to be conducting reconnaissance of husband's assets outside the scope of this litigation to gear up for some other situation where the wife may seek to literally strip mine husband's assets, including possible foreign actions," Bullock said in a court filing.
Batum and Pimentel, who did not attend the hearing, divorced in October 2013. He agreed to pay her a $5 million settlement to be paid over three years. But Batum immediately fell behind in his payments, starting with the initial $1 million due in January 2014.
Pimentel took Batum to court for breach of contract and claimed he was around $216,000 in arrears. In August, Clackamas County Circuit Court Judge Eve Miller found Batum in contempt for failure to comply with the terms of the divorce settlement.
Batum did not attend the August hearing and was not represented by an attorney. At the time, he was caught up with his payments and had overpaid by around $90,000.
Melanie Pimentel, flanked by her lawyers, at a December 2014 hearing in Clackamas County Circuit Court.Steve Mayes/The Oregonian
Pimentel's attorney at the time blamed the mistake on a math error, and Miller ordered a do-over. Miller ordered a new hearing, now scheduled for October, on the original breach of contract dispute.
At issue is whether Batum had the resources to make timely payments to Pimentel.
Pimentel's attorney, Alexandra Nowlin, questioned Batum's claim that he didn't have the money to pay Pimentel.
Nowlin asked pro tem Judge Roxanne Scott to order Batum to provide a wide range of financial documents that cover his income, expenses and business activities in the United States and France.
"Mr. Batum knows very little about his financial circumstances," said Nowlin, citing statements Batum made in a deposition.
"I know he spends a lot of money," Nowlin said.
Scott ordered Batum to provide copies of tax returns, financial statements showing his net worth, bank and retirement account statements, and documents showing all income Batum received in 2014, including cash from endorsement deals.
Batum also will have to disclose details about any U.S. or French companies in which he has an interest, assets worth more than $10,000 and his credit card bills.
Bullock renewed his argument that Pimentel willingly accepted partial payments for months before she claimed Batum breached the contract.
Bullock argued the agreement calls for Batum to make payments from the proceeds of his Blazers' salary. He had a $36 million, three-year contract. Last month the Blazers traded Batum, who played for Portland for seven seasons, to the Charlotte Hornets.
Bullock said that after taxes, his agent's fee, NBA Players Association payments, Batum pockets less that 40 percent of his pay.
Another issue yet to be decided in court: Who is responsible for attorneys' fees.
Nowlin said that Batum should pay legal costs because Pimentel had to take him to court to collect money owed her.
Bullock said Batum shouldn't bear the burden. Batum was in arrears for seven months but was paid up by the time the case came before a judge and Pimentel was accepting the late payments.
Bullock said that as of December, Pimentel's attorneys' bill exceeded $100,000.
The October 2013 divorce settlement called Batum to make monthly payments of $111,111 for three years, and $30,000 a month in spousal support payments for at least one year. Batum is in compliance with the terms of the deal, Bullock said.
-- Steve Mayes
smayes@oregonian.com
http://www.oregonlive.com/portland/index.ssf/2015/07/judge_gives_nic_batums_ex-wife.html#incart_2box
The 45-minute hearing offered a few insights into Batum's personal finances.
For example, Batum receives $350,000 annually from an endorsement deal with Adidas. The money goes to a French trust for the benefit of his mother and sister, said his attorney, Gary Bullock.
The deep dive into Batum's financial records in the United States and France – Batum is a French citizen – is an overreach by Pimentel, Bullock said.
Pimentel "appears to be conducting reconnaissance of husband's assets outside the scope of this litigation to gear up for some other situation where the wife may seek to literally strip mine husband's assets, including possible foreign actions," Bullock said in a court filing.
Batum and Pimentel, who did not attend the hearing, divorced in October 2013. He agreed to pay her a $5 million settlement to be paid over three years. But Batum immediately fell behind in his payments, starting with the initial $1 million due in January 2014.
Pimentel took Batum to court for breach of contract and claimed he was around $216,000 in arrears. In August, Clackamas County Circuit Court Judge Eve Miller found Batum in contempt for failure to comply with the terms of the divorce settlement.
Batum did not attend the August hearing and was not represented by an attorney. At the time, he was caught up with his payments and had overpaid by around $90,000.
Melanie Pimentel, flanked by her lawyers, at a December 2014 hearing in Clackamas County Circuit Court.Steve Mayes/The Oregonian
Pimentel's attorney at the time blamed the mistake on a math error, and Miller ordered a do-over. Miller ordered a new hearing, now scheduled for October, on the original breach of contract dispute.
At issue is whether Batum had the resources to make timely payments to Pimentel.
Pimentel's attorney, Alexandra Nowlin, questioned Batum's claim that he didn't have the money to pay Pimentel.
Nowlin asked pro tem Judge Roxanne Scott to order Batum to provide a wide range of financial documents that cover his income, expenses and business activities in the United States and France.
"Mr. Batum knows very little about his financial circumstances," said Nowlin, citing statements Batum made in a deposition.
"I know he spends a lot of money," Nowlin said.
Scott ordered Batum to provide copies of tax returns, financial statements showing his net worth, bank and retirement account statements, and documents showing all income Batum received in 2014, including cash from endorsement deals.
Batum also will have to disclose details about any U.S. or French companies in which he has an interest, assets worth more than $10,000 and his credit card bills.
Bullock renewed his argument that Pimentel willingly accepted partial payments for months before she claimed Batum breached the contract.
Bullock argued the agreement calls for Batum to make payments from the proceeds of his Blazers' salary. He had a $36 million, three-year contract. Last month the Blazers traded Batum, who played for Portland for seven seasons, to the Charlotte Hornets.
Bullock said that after taxes, his agent's fee, NBA Players Association payments, Batum pockets less that 40 percent of his pay.
Another issue yet to be decided in court: Who is responsible for attorneys' fees.
Nowlin said that Batum should pay legal costs because Pimentel had to take him to court to collect money owed her.
Bullock said Batum shouldn't bear the burden. Batum was in arrears for seven months but was paid up by the time the case came before a judge and Pimentel was accepting the late payments.
Bullock said that as of December, Pimentel's attorneys' bill exceeded $100,000.
The October 2013 divorce settlement called Batum to make monthly payments of $111,111 for three years, and $30,000 a month in spousal support payments for at least one year. Batum is in compliance with the terms of the deal, Bullock said.
-- Steve Mayes
smayes@oregonian.com
http://www.oregonlive.com/portland/index.ssf/2015/07/judge_gives_nic_batums_ex-wife.html#incart_2box
