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What Oksana and Mel Are Really Fighting Over

10/31/2010 2:30 PM PDT BY TMZ STAFF

The real fight between Oksana Grigorieva and Mel Gibson may not be about child custody at all ... we've learned the various lawyers who have been repping Oksana have been focused on a legal document created long before Lucia was born.

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TMZ was first to report the problem with the Icon Trust -- created by Mel and Robyn to provide for their seven children. The trust defines "issue" (aka children) as kids born from Mel or Robyn. When it was drafted, no one thought Mel or Robyn would have a child outside the marriage. Enter Oksana.

Sources connected with Mel and Robyn say no one in their family wants to screw Lucia out of her inheritance, but if she becomes a beneficiary in Mel's trust it would create some complicated tax issues.

So when Oksana and Mel broke up and struck a settlement deal during the mediation in May, the very first term reads, "Oksana consents to amendment of Icon Trust to exclude Lucia."

In return for excluding Lucia, Mel agreed to provide a financial package for the baby worth more than $8 million.

Sounds like a sweet deal. So why did Oksana disavow the mediation she signed? We're told the lawyers Oksana hooked up with after the mediation believed Lucia got royally screwed by giving up an interest in the trust. They told Oksana that Lucia would stand to get around $50 million under the trust agreement ... which they believe represents 1/8 the value of a $400,000,000 trust.

Sources connected with Gibson tell us the money in the trust is not even in the universe of $400,000,000 ... not remotely close.

But here's the deal. If Oksana's lawyers persist and Mel settles out of court, the attorney would get a percentage of the settlement. So they've convinced Oksana there's something in it for her ... and there's something in it for them.

1097 COMMENTS

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1.

BrAnBa    

GREED!!
There is no other word for it.
And in the middle of this turmoil is a little baby.

Sickening.

1392 days ago
2.

igotfleasfromtmz    

so the lowers want little lucias money and the mother would allow this?

1392 days ago
3.

Cartman    

This hope of a very small percentage of Mel's wealth is why he will have a mound of filthy lawyers on his back until the day he dies.
But he can afford the garlic/lawyer fees so I don't feel especially sorry for him even tho Ox is a vampire gold-digger.

1392 days ago
4.

Shuffle Demon    

LMAO... that tells you a lot about her motives... yeah I never asked for money..B.S....always has been about it for her..

1392 days ago
5.

cheebee    

stupid stupid stupid stupid

1392 days ago
6.

igotfleasfromtmz    

Mel should just put Lucia in the fund pay the tax penalty far more productive than lining a lowers witless pocket.

1392 days ago
7.

Shuffle Demon    

well this isn't really news this was said months ago... I just think OxSanity just thinks there is some huge pot of gold at the end for herself...lol

1392 days ago
8.

JLS    

I do not believe any of this. I do believe Oksana has been out gunned for a very long time. Mel baby cakes set her up as soon as he saw a spark of defiance and/or interest in money for this child. Lawyers also get paid when they work, just like any of you do at your chosen profession. So what! Let's see you work for free....

1392 days ago
9.

chunx    

i knew this was about money all along. This was never about domestic violence, or about any concerns for her child at all. For her to use dv to deny Mel access to his child is disgusting! What a selfish greedy mother she is. I think Harvey already said in TMZ Live before that Mel's worth is below 500million dollars, and the money that Lucia would have inherited if she had been included in the Icon trust fund would have been the same amount she would have received in the settlement. Oksana's greed just got the best of her. what a b*tch! any person, man or woman, would have been driven mad by this harpy. as foolish as mel was for leaving his wife for her,i just feel sorry for him now. no person deserves to deal with her and her sh*t.

1392 days ago
10.

The Train!    

is the $8 million financial package separate from the child support payments? it probably is.

next question: is that package in the form of a trust, or is it just given to oksana to manage it?

besides the child support money that oksana will bleed mel for to support her and lucia, i don't see the basis for oksana to collect from the trust. or, for that matter, i don't see the legal basis for her to get out of the mediation agreement that she already signed.

1392 days ago
11.

JLS    

So all of you who thought Oksana wanted money for herself are WRONG according to this. She wants Lucia to get her fair share of the trust. I think that's reasonable. Why should Lucia get less?

1392 days ago
12.

Just Saying    

Something doesn't smell right. As shyone has indicated, Mel cannot be forced to include ANYONE in the Icon trust. Inclusion has to be VOLUNTARY and with Robyn's consent. Sounds like Mel and Robyn are not against this. But what leverage does Oks have to push the issue ? Frivolous lawsuits ? Based on what ? DV ?

1392 days ago
13.

Shuffle Demon    

Actually HN if you read up on the agreement Mel and OxSanity signed...Luica would have got more money that way than if Mel had put her in the trust. I think the trust pays when Lucia reaches 18 or someething. So she would hav had to pay the tax if mel wasn't here. So the seperate agreement was struck so Lucia din't get killed by the tax man and got as much as mel's kids did..You need to read up on the agree ment and what it pertainted to... and it didnt matter the amount...OxSanity is convinced there is all these millions she is going to get, thats what this is really about her... not Lucia like she claims

1392 days ago
14.

garnet    

Who told her $400 million?
So if Lucia gets a percent of this trust, she'd lose the $18million and a chunk of what Lucia should get from the trust would go to the lawyers and to tax?

1392 days ago
15.

Just Saying    

So all of you who thought Oksana wanted money for herself are WRONG according to this. She wants Lucia to get her fair share of the trust. I think that's reasonable. Why should Lucia get less?

Posted at 1:14 AM on Oct 31, 2010 by JLS

YOU'RE WRONG JLS. Lucia deserves LESS than the other Gibson kids because HER MOM DID NOT CONTRIBUTE ONE IOTA TO MEL'S SUCCESS. ON THE CONTRARY, HER MON HAS DONE EVERYTHING SHE COULD TO DESTROY MEL'S CAREER.

1392 days ago
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