Child Support with High Income Parent
Typically, child support is ordered based upon the statutory guidelines that require a percentage of the payor's net income for child support. The guidelines set forth 20% for one child, 28% for two children, and get increasingly higher.
However, often a high income parent will challenge the strict application of such percentage payments when that parent's income exceeds a certain baseline. While it's true that the Court will seek to maintain the children's lifestyle they would have enjoyed but for the divorce, it does not necessarily mean that all of the payor's income is subject to the same percentage level.
For example, the needs of the children have to be considered along with the lifestyle. In certain instances, such as parentage cases where there was never a marriage and thus no lifestyle to compare the Court will often deviate from the guidelines approach so that the custodial parent does not overly benefit from an amount of support that could be considered a windfall.
This is not a "bright line" test but merely a beginning to what could be a protracted negotiation. We have handled many cases in this area and welcome your inquiry. Perhaps we can be of assistance to you - please call.