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  • Brian France

    ThatsRacin.com
    Filings: NASCAR chair Brian France behind on divorce payments
    By Christina Rexrode - [email protected]
    Tuesday, Sep. 28, 2010

    RALEIGH - The fallout from the messy divorce of NASCAR chairman Brian France and his ex-wife continued in state appeals court Tuesday, with lawyers for Brian France arguing that the proceedings should largely be closed to the public and the couple's divorce agreement kept sealed.

    But court documents filed before the hearing already give some information about the divorce agreement, details of which are sealed in Mecklenburg courts. According to documents filed by Megan France, the agreement gives her at least $40,000 a month in child care and alimony, as well as a $9 million "distributive award." According to those documents, Brian France has refused to make at least some of the payments, "despite a clear ability to do so."

    Megan France also accuses her ex-husband of "harassing her in multiple ways," including hiring private investigators to follow her, and violating their agreement "concerning the care of, and joint decision making for" their young twins, according to filings by her lawyers. Those and other documents concerning the Frances' divorce are publicly available online through the N.C. Court of Appeals.


    CONT'D: http://www.thatsracin.com/2010/09/28...an-france.html
    In Brian France's original complaint in 2008, his lawyers say that Megan France breached the divorce agreement by revealing confidential information to "third parties."

    Lawyers for Megan France say that she has not breached the agreement. But they also say they have to consider the arguments of Culler, the Mecklenburg judge who ruled that the proceedings should be open. In previous filings, Megan's lawyers said that Brian France is just trying to draw attention away from the fact that he hasn't been paying alimony.

    Brian France's fight for a private trial is "nothing more than a narcissistic attempt to have this Court enact special rules more to Mr. France's liking," Preston Odom, a former attorney for Megan France, wrote in a filing this spring. France's action "is yet another in a litany of those Mr. France has performed to forestall his inevitable day of reckoning for materially breaching the Separation Agreement."

    The filing continues: "Mr. France apparently believes that he may engage the courts of this state in the same way he runs NASCAR. That is, he can make the rules, interpret them, and when he disagrees with them, change or ignore them."


    Megan France had been using the Charlotte-based law firm James, McElroy & Diehl but over the summer switched to Davis & Harwell, a Winston-Salem firm specializing in family law.

    According to filings from Megan France's previous attorneys, Brian France agreed in their divorce settlement to pay her a total of $9 million in "distributive" awards, as well as $32,500 a month in alimony for 10 years and $10,000 a month in child support.


    Interesting take on the part of the attorney, thoughts shared by several fans I know of... he apparently reads nascar message boards.

  • #2
    The only action detremental to stock car racing is the fact that Bozo France is still in charge of Nascar

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    • #3
      He probably is trying to hold off on paying her until his Marketing Dept can find an Official Sponsor of his divorce.
      Live like Dave

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      • #4
        Originally posted by KevMcNJ View Post
        He probably is trying to hold off on paying her until his Marketing Dept can find an Official Sponsor of his divorce.

        Comment


        • #5
          I am divorced and it is public record. I have checked it. That sucks and is a constant worry to me in this internet age.

          I am not a Brian fan, but I do understand his desire for privacy.

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          • #6
            There are places where if the receipient of alimony spends one night with another person, the responsibility for paying alimony is absolved. I know of a case in North Carolina where the ex-husband had proof that ex-wife spend time with another man, and he no longer had to pay any alimony. One reason for this is there are places where if a couple spends one night together they are considered to have a common law marriage.
            quote:
            "It is sad that open-wheel racing has become a buy a ride situation, but it is what it is."

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            • #7
              >Megan France had been using the Charlotte-based law firm James, McElroy & Diehl but over the summer switched to Davis & Harwell, a Winston-Salem firm specializing in family law.

              If the Diehl is Bill Diehl who represented Jeremy Mayfield, this is the first confirmation (from a real news agency) I've seen of a rumor I read back in Nov of last year. Bill Diehl should never have taken Mayfield's case due to a serious conflict of interest!

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              • #8
                Originally posted by KevMcNJ View Post
                He probably is trying to hold off on paying her until his Marketing Dept can find an Official Sponsor of his divorce.
                The Brian France Divorce presented by Davis & Harwell, p.a.

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