Kim Zolciak-Biermann finally responded to Kroy Biermann’s August custody filing — and she does not agree with his requests.
The Real Housewives of Atlanta alum, 45, filed court documents on Monday, October 16, asking that she be granted primary physical custody of her and Biermann’s four minor children. She is also seeking joint legal custody of the kids, according to the filing obtained by Us Weekly.
Zolciak-Biermann — who shares KJ, 12, Kash, 11, and twins Kaia and Kane, 9, with Biermann, 38 — claimed that she is “a loving, fit and proper parent” that should be granted custody. (Biermann is also the adoptive father of Zolciak-Biermann’s two oldest daughters, Brielle, 26, and Ariana, 21, from prior relationships.)
Biermann previously asked a court in August for full physical and legal custody of his four children. However, Zolciak-Biermann claimed in her October filing that her estranged spouse should only have “liberal visitation with the parties’ children.”
While Zolciak-Biermann wants full physical custody of the kids, she is seeking “temporary and permanent child support” from Biermann.
She claimed in the documents that she is “dependent” upon Biermann for “support and maintenance” of her current lifestyle. Therefore, Zolciak-Biermann is asking that the retired NFL player pay “temporary and permanent alimony” as well as her legal fees.
Us confirmed in May that Biermann and Zolciak-Biermann filed for divorce after 11 years of marriage. After a brief reconciliation, Biermann filed for a second time in August. At the time, he asked a judge to order that his and Zolciak-Biermann’s family home be placed on the market immediately due to their financial woes.
“If the court orders it then the court can enforce the order. It is taking control out of the hands of the parties. And this is exactly what needs to be done at this point,” Biermann’s lawyer, Marlys A. Bergstrom, said in a statement to Us at the time.
Biermann argued that his estranged wife was dragging her feet with the divorce so she could stay in their joint Georgia residence longer.
“[Zolciak-Biermann] has stated that she prefers to file for bankruptcy; a move that will ensure that the parties and their children will remain under the same roof for a significant period of time,” Biermann claimed in a September court filing. “Without the receipt of equity from the sale of the marital residence, the parties cannot afford to move out of the residence and into new residences.”
Biermann and Zolciak-Biermann have since agreed to list their Georgia mansion, which officially went on the market on Monday. The house is listed at $6 million, which if sold could help alleviate the estranged couple’s legal and financial difficulties.
The duo reportedly owe the IRS $1.1 million in unpaid taxes and their house was set to go into foreclosure in November. Additionally, Zolciak-Biermann was sued in August after she allegedly stopped paying her HSBC/SAKS credit card that has an outstanding balance of $156,080.64, according to court documents obtained by Us.
As of her Monday filing, Zolciak-Biermann is requesting “a total divorce be granted” from Biermann. She confirmed that the pair have been “continuously liv[ing] in a bona fide state of separation” since September 7 while continuing to reside in their Georgia home.
In conclusion, Zolciak-Biermann asked the court that she be “awarded an equitable division of all marital assets and debts accumulated during the marriage,” including the eventual sale of the Georgia property.