Judge in Kevin Costner Divorce Shuts Down Actor’s Lawyers as He Extends $129K Monthly Child Support Payments

The judge also said an “evidentiary hearing is unlikely in the foreseeable future” on the matter of child support

<p>Jeff Kravitz/FilmMagic</p>

Jeff Kravitz/FilmMagic

The judge presiding over Kevin Costner and Christine Baumgartner’s divorce extended the actor’s temporary monthly payments of $129,755 in child support on Wednesday.

The judge also denied the Yellowstone star’s lawyers' request to settle the matter of child support before the trial date to determine the validity of challenging the couple’s prenuptial agreement on Nov. 27.

Costner’s attorneys also requested they have 10 days to review final forensic accountant files before the trial start dates for both the child support and prenuptial agreements since there are nearly 9,000 pages of forensic accounting documents so far.

The judge said an “evidentiary hearing is unlikely in the foreseeable future” on the matter of child support and that the tentative ruling stands in the meantime.

<p>Frazer Harrison/Getty, Paul Archuleta/FilmMagic</p> Kevin Costner and Christine Baumgartner

Frazer Harrison/Getty, Paul Archuleta/FilmMagic

Kevin Costner and Christine Baumgartner

Related: Kevin Costner Vacations with His Kids amid Ongoing Child Support Case

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However, the ruling is retroactive, meaning that child support will have to be paid forward dating back to July 1 if changes are made in the final ruling of the case.

Baumgartner, 49, — who shares sons Cayden, 16, and Hayes, 14, and daughter Grace, 13, with Costner, 68 — previously requested $248,000 per month for child support, an amount Costner’s side slammed as "inflated."

<p>Jeff Kravitz/FilmMagic</p>

Jeff Kravitz/FilmMagic

The former handbag designer said that until she had a child support agreement in place in order to set up a "suitable separate household,” she was staying put in the actor’s Santa Barbara residence despite the Costners' premarital agreement stipulating that she move out within 30 days of filing for divorce.

Superior Court of Santa Barbara County in California judge Thomas Anderle has since ruled at a July 5 hearing that Baumgartner must vacate their sprawling compound, worth an estimated $145 million, by July 31.

Costner and Baumgartner’s legal teams will be back in court on Aug. 2 to discuss the estranged couple’s prenuptial agreement.

<p>Lionel Hahn/Getty</p> Kevin Costner and Christine Baumgartner

Lionel Hahn/Getty

Kevin Costner and Christine Baumgartner

Related: Kevin Costner Wants Estranged Wife to Pay His Legal Fees—Over $99K—for Challenging the Prenup

According to legal documents filed by the actor's lawyers, Baumgartner might have to forfeit her $1.5 million divorce settlement for challenging the prenup.

“If Christine, in any manner, challenges or assists in the challenge of the validity or enforceability of any provision of this Agreement, she shall lose any and all rights to receive any payment, Property or Interest from Kevin pursuant to this Agreement,” according to the agreement, which attorneys for the Oscar winner quoted in legal documents filed June 28.

Marilyn Chinitz, a matrimonial attorney at Blank Rome in New York (she does not represent either of the Costners) told PEOPLE at the time that such clauses in prenuptial agreements are fairly routine. "Attorneys call these provisions 'in torrerem' because it is a clause to instill fear. They are incentivizing someone from challenging the agreement."

Continued Chinitz, "It's basically saying, 'If you're going to challenge the agreement as being invalid and unenforceable, then anything that you may have benefited by, I have a right to claw back.'"

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