Vikki Ziegler on Evening Express June 29, 2012

LIVE BETTER NOW. YOU CAN SEE ALL MY DRAMA. >> LOOK AT YOU AND YOU MOVE SO FAST. >> YOU DON'T EVEN KNOW. >> ALL RIGHT, FOLKS. YOU KNOW, LITTLE SURI CRUISE WAS JUST 7 MONTHS OLD WHEN HER PARENTS TOM CRUISE AND KATIE HOLMES GOT MARRIED IN ITALY. REMEMBER THIS. IT WAS THE VERY FIRST TIME THAT WE SAW SURISH. IT WAS ON THE COVER OF "VANITY FAIR" WITH HER PROUD PARENTS. I ALWAYS LOVED THAT PICTURE, AND NOW SHE'S 6 YEARS OLD, STUCK IN THE MIDDLE OF THEIR DREAMWORKS SO HOW ARE HER FAMOUS PARENTS GOING TO HANDLE THIS DIFFICULT TIME? KATIE HOLMES' OFFICIAL DIVORCE FILING MAY GIVE US A CLAW. I WANT TO BRING IN A FAMILY LAW ATTORNEY TO TRY TO SORT THROUGH SOME OF THESE DETAILS. GOOD TO SEE YOU AGAIN. THEY TALKED A LITTLE BIT ABOUT CUSTODY. YOU KNOW, THERE ARE THESE ISSUES IS IT SOLE CUSTODY? IS IT RESIDENTIAL CUSTODY? TELL US A LITTLE BIT ABOUT WHAT AND WHAT MIGHT HAPPEN HERE. >> SURE, RYAN. I MEAN, IF KATIE HOLMES IS LOOKING TO GAIN FULL CUSTODY OF SURI CRUISE THIS IS A BIG DEAL BECAUSE SHE'S REALLY ASKING THE COURT TO ENSURE SHE WILL BE THE PHYSICAL CUSTODIAN OF THIS CHILD ON A DAY-TO-DAY BASIS, THAT SHE WILL HAVE SOUL DECISION-MAKING POWER OVER THE HEALTH, EDUCATION AND WELFARE OF SURI AND ALL TOM CRUISE IS GOING TO PARENTING TIME OR VISITATION. >> WHAT IF THERE'S A PRE-NUP THAT SAYS ONE PARENT OR THE OTHER GETS SOLE CUSTODY. >> USUALLY IN A PRE-NUP, THOUGH SHE GOT MARRIED AFTER SHE WAS PREGNANT, DOESN'T TALK ABOUT THAT. CUSTODY ISSUES AND CHILD SUPPORT USUALLY ARE NOT PLACED IN A PRE-NUPTIAL AGREEMENT. IF IT IS, SHE CAN TRY TO SET IT ASIDE BUT SHE HAS TO HAVE STRONG EVIDENCE. HAS TO TELL THIS COURT, LISTEN, TOM CRUISE, IF THERE'S AN ALLEGATION THAT HE'S EITHER UNFIT, AN ISSUE REGARDING SCIENTOLOGY WHICH HE IS SO OUTLANDISH, NOT IN THE BEST INTEREST OF THE CHILD TO BE RAISED IN THIS TYPE OF RELIGIOUS ATMOSPHERE, THAT SHE WANTS TO HAVE SOLE CONTROL OVER THE CHILD. THAT'S GOING TO BE UP FOR A JUDGE'S DECISION. THAT'S A REAL TOUGH ONE FOR A JUDGE TO MAKE. >> VIKKI, IT'S ISHA HERE. YOU MENTIONED THE IDEA OF PRE-NUPS IN RELATION TO THE CHILD BUT WHAT ABOUT MORE BROADLY SPEAKING IN DIVISION OF ASSETS? WE DON'T KNOW THE FINER DETAILS OF THEIR ASSETS BUT HOW DOES CALIFORNIA PRE-NUP DIFFER FROM OTHER STATES? >> THE MAIN STATUTE THAT APPEARS IN ALMOST EVERY STATE YOU BOTH HAVE TO HAVE COMPETENT SEPARATE COUNSEL, NEED TO MAKE SURE THERE'S FULL AND FAIR DISCLOSURE OF INCOME AND LIABILITY AND NUMBER THREE THAT THE AGREEMENT IS FAIR AND NOT UNCONSCIONABLE. IF KATIE HOLMES IS GOING TO SAY AND MAKE THIS ARGUMENT IN NEW YORK THAT THIS AGREEMENT IS UNFAIRSHE'S GETTING 2 MILLION WHEN HE'S WORTH 250 MILLION, THEN THAT COULD BE SET ASIDE. IT COULD BE SOMETHING THAT SHE'S LOOKING TO DO >> YOU KNOW, THEY DON'T DISCLOSE THOSE PRE-NUPS SO THEY DON'T GET PUBLIC. LET ME ASK YOU THIS. LET'S SAY THERE'S A PRE-NUP BUT YOU'RE NOT REALLY SURE. IT'S UNCLEAR WHO GETS WHAT. KATIE HOLMES HAS SOME MONEY. TOM CRUISE OBVIOUSLY HAS A LOT. WHAT HAPPENS THEN? LIKE, DOES SHE GET ACTUALLY CHILD SUPPORT, FOR EXAMPLE, FOR SURI IF SHE GETS SOLE CUSTODY, EVEN IF SHE HAS ENOUGH TO SUPPORT SURI? >> YEAH, ABSOLUTELY. IF THERE'S A LIFESTYLE CREATED BECAUSE TOM CRUISE IS THE BREAD WINNER, KATIE ISN'T EARNING ADDITIONAL INCOME, HE'LL BE RESPONSIBLE TO SUPPORT THE LIFESTYLE THAT HE CREATED DURING THIS FIVE-YEAR MARRIAGE, ALMOST SIX-YEAR MARRIAGE. SURI HAS A PRETTY EXPENSIVE LIFESTYLE, I DON'T THINK I'VE EVER SEEN HER IN THE SAME OUTFIT. KATIE HAS HER MONEY BUT CHILD SUPPORT IS ALWAYS ABOUT THE PARTY'S INCOME AND EARNING ASSETS AND WHAT THE EXPENSES ARE SO IT LOOKS LIKE TOM WILL BE FORKING OVER A HEFTY SUM FOR A MONTHLY CHILD SUPPORT AWARD TO KATIE HOLMES. >> WHEN IT COMES TO CELEBRITIES AND DIVORCE, ALL DIVORCES ARE DIFFICULT TO GO THROUGH BUT OBVIOUSLY WITH CELEBRITIES THAT'S MAGNIFIED BECAUSE OF THEIR FAME AND FORTUNE. WHEN YOU LOOK AT THIS UNIQUE CASE OF KATIE HOLMES AND TOM CRUISE, ARE THEIR VARIOUS OBSTACLES, STICKING POINTS THAT YOU SEE EVEN WITHOUT KNOWING THE FINER DETAILS? WHAT STANDS OUT FOR YOU? >> YEAH. I THINK THE RELIGIOUS ASPECT, THE SCIENTOLOGY WILL BECOME A HUGE PART. THERE'S A HUGE AGE DIFFERENCE SO WE'RE HEARING THAT APPARENTLY KATIE HOLMES WANTED MORE CHILDREN AND TOM DID NOT. IF THIS BECOMES AN ACRIMONIOUS DIVORCE WHICH EVERYONE REPORTS THAT IT'S GOING TO BE IF SHE'S LOOKING FOR SOLE CUSTODY, THOSE ARE THE THREE REAL HOT BUTTON TOPICS AND WE HOPE THAT THEY CAN AMICABLY RESOLVE THEIR DIVORCE AND SETTLE IT BEHIND CLOSED DOORS BUT RIGHT NOW IT LOOKS LIKE IT'S REALLY EXPLOSIVE.