batum bruce ely may 2014.JPG

Nicolas Batum, driving past San Antonio Spurs guard Tony Parker in a May playoff game, must pay his ex-wife a total of $5 million, according to the terms of a divorce settlement.

(Bruce Ely/The Oregonian)

A Clackamas County judge found Portland Trail Blazers forward Nicolas Batum in contempt of court and breach of contract Thursday for failing to make divorce settlement payments to his ex-wife.

The ruling clears the way for Batum's ex-wife, Melanie Pimentel, to garnish his wages.

Batum, 25, and Melanie Pimentel, 26, divorced in October. Batum agreed to pay her $5 million. He was required to make a $1 million payment at the first of the year and was to pay the remaining $4 million in equal monthly payments over three years.

He also must pay Pimentel $30,000 a month in spousal support until the $5 million judgment is fully paid.

Pimentel's attorney said Batum is more than $216,000 in arrears.

Batum did not appear during the 20-minute hearing before Circuit Judge Eve Miller and no attorney appeared on his behalf. In May, Batum was personally served with a subpoena ordering him to attend the hearing, Miller noted.

Pimentel testified briefly by telephone from France.

Batum is believed to be in Europe. He is playing for the French team in the upcoming FIBA World Cup.

"Mr. Batum was ordered to be here," Miller said. "(He) was aware of his obligations."

Batum signed a contract as part of the divorce settlement that requires him to make scheduled payments, "and he violated a court order by failing to make those payments," Miller said.

At the request of Pimentel's attorney, Thomas Braiser, Miller also fined Batum $500 a day until he is caught up on the payments.

"Five hundred dollars is certainly small in comparison to the income he has," Miller said.

Batum, who joined the Blazers in 2008, earns between $11 million and $12 million a year, according to court records.

Batum and Pimentel married in 2011 – they would have celebrated their third anniversary on Wednesday.

Pimentel discussed the challenges of being an NBA wife in a November 2012 interview.

Last year, the couple negotiated a settlement agreement on their own. Another Clackamas County judge approved the agreement, which is confidential.

Batum "is a public figure" and "both parties agree that they will not disclose any personal, health, marital, relationship, financial or business information about the other for any reason," according to the divorce decree.

Pimentel signed over her interest in the couple's $1.925 million Lake Oswego home to Batum, according to Clackamas County property records.

According to court records:

Batum and Pimentel kept the furniture and home furnishings they possessed at the time of their separation.

Batum kept his car, any bank accounts in his name or held jointly and his retirement account.

Pimentel had no income at the time of the divorce. She had "been studying shoe design and manufacture," according to the divorce filing. She plans to create a "specialty shoe" business. She managed Batum's business affairs "without compensation."

Pimentel estimated it would take two years for her business to generate profits.

Batum and Pimentel are French citizens and have "green cards" that allow them to live and work in the United States. Pimentel temporarily returned to France, where she is involved with charitable organizations active in Africa.

They each retained French attorneys who helped them work out the settlement agreement.

They were married in Saint-Ouen, France, on Aug. 13, 2011 and had lived together for four years prior to that.

Update

: An earlier version of this story incorrectly stated when Batum made his most recent payments to his ex-wife. Batum made payments totaling $503,222 in early July and a $141,112 payment on Aug 1.

Nicolas Batum house 6 Gallery: Nicolas Batum house

-- Steve Mayes