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Custody battle! NCIS: New Orleans star Zoe McLellan's new role 'threatened by divorce'

Published: 16:59 EST, 17 June 2014 | Updated: 17:51 EST, 17 June 2014

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Landing her biggest role in years has created big problems for Zoe McLellan.

Set to star on the latest NCIS spinoff, the 39-year-old actress is now facing a costly custody and divorce battle.

TMZ reports, the former JAG star has accused her estranged husband, bit actor J.P. Gillian, of filing for divorce to secure himself child support to look after their toddler Sebastian.

Television drama: Set to star on the latest NCIS spinoff, Zoe McLellan is facing a costly custody and divorce battle with estranged husband J.P. Gillian

According to legal documents obtained by the website, Zoe will be making $45,000 an episode when NCIS: New Orleans airs this fall.

Child in the middle: The actress claims her husband (pictured) is campaigning for full custody to get support payments now she has the role

The website reports: 'J.P. is asking for joint custody, and she suggests a motivating factor is that he wants child support.

'Zoe is also incredulous because she goes on and on in the docs saying J.P. has never been a hands-on dad, to the point where he doesn't know how to put their 18-month-old Sebastian to sleep.'

With the actress set to start filming in New Orleans, Louisiana, any day, she has fired back a custody claim to ensure her son comes with her.

Zoe is asking for asking for an emergency order to allow her to have full custody, TMZ reports.

The hearing is set down for Tuesday with a decision set to impact on the actress' involvement in the show.

While expected to be a massive hit - its predecessor is the most popular show on television currently - if her estranged husband gets even partial custody it could affect her move to New Orleans.

This would mean she would have to make a choice whether to leave her son behind to film or turn down the role, TMZ reports.

According to the legal documents, the couple have struggled financially during their marriage of two years with both unable to find acting work.

Hit potential: In her new role on NICIS: New Orleans the 39-year-old she plays Special Agent Brody

Instead, Zoe worked as a life coach and J.P. - whose credits security guard in Matt Damon's Informant! and neighbour dad in Mad Men - waited tables in restaurants.

Before their marriage, Zoe did have success as Navy Petty Officer Jennifer Coates in long running series JAG.

She was also on ABC's hit series Dirty Sexy Money with Natalie Zea and Donald Sutherland.

In her new role on NICIS she plays Special Agent Brody who, according to The Hollywood Reporter, is 'a Midwestern transplant and the show's fish-out-of-water. Brody arrives in New Orleans looking for a fresh start and a safe haven to heal old wounds'.

Big break: Before their marriage, Zoe did have success as Navy Petty Officer Jennifer Coates in long running series JAG (second from left)

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AuntyAlias, San Francisco, United States, 16 hours ago

Is this a new trend? Successful wife/mother is sued for divorce by ne're-do-well husband/father, for children they are not known to care for regularly, just to secure child support? Wouldn't it have been better for the husband to be happy for his wife's success, cared for his children in an intact family home? Sad for this turn out.

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Lucianne, Solarium, United States, 16 hours ago

One more time, stop having permanent children with temporary partners. She should quit her job and turn the table on him both making equally less money. Or, she needs to share custody and the one that makes the most pays. Sorry ladies, the guys have caught on.