Navigating Child Support for High Income Divorce In Los Angeles

Many Los Angeles divorces deal with the same essential issues: child support, child custody, spousal support, and the division of marital assets and debts.

However, with high-net-worth divorces, these issues often become more complex to navigate and resolve. The financial stakes can be much higher than with standard divorces and, without legal assistance, disputes can arise and litigation result.

Child support is the right of the child in California. During divorce proceedings, the Court can order a high earner to pay a higher level of child support than normal to ensure that the child enjoys the same standard of living as during the marriage, after the parents separate.

Understanding the main challenges and anticipating where potential problems with child support lie can prevent conflict, delays, and additional legal costs during proceedings.

In the context of child support in California, there is no single definition of a “high-income” divorce. The interpretation of what constitutes a “high income” is different in some places than in others, varying even from one county to another.

Judges will consider how much the parents earn, as in all divorce cases involving support issues. They may also consider the average earnings in the county in which the case is heard.

If a parent’s income is considered “extraordinarily high”, the support calculations may become more complex than in standard cases, as judges will need to consider other factors besides the standard support guidelines.

In California, a statewide guideline child support formula considers the income of both parents and the time each parent spends with the child. This is intended to ensure both parents contribute fairly to the financial needs of their children, as is their parental responsibility.

If a child support payor earns an extraordinarily high income and/or earns additional income from a business to be taken into account during calculations, the parent may be able to appeal to the court to decrease the “guideline” child support.

Remember, child support aims to provide the child with as close as possible to the same standard of living after the parents separate as during the marriage. If the payor can show that the level of support calculated using the guidelines would be excessive for the child’s needs, the court has the authority to lower it.

When making child support orders, the Court must follow California Family Code section 4057. The following factors are considered:

• The number of children of the relationship.
• The timeshare each party has with any minor children of the relationship (court-ordered or otherwise).
• The income of each party.
• Any deductions taken by the parties on income tax returns (e.g., health insurance, mortgage interest, etc.)

In cases where a parent’s income extends beyond standard wages or salary, child support calculations may be made based on the payor’s “income available for support.”

The relevant information must be provided to the court and the numbers will be fed into a child support calculator.

If a payor earns a high enough income, the court may consider deviating from the “guideline” child support order—but only if the support amount exceeds the child’s actual needs according to the standard of living the child was accustomed to during the marriage.  The child support amount can be adjusted downward from the calculated amount (often termed a “high-income exception” in child support cases).

Once a court order has been made in California, it must be followed precisely. This includes child support orders. If parents create their own support agreements that are approved by the court, these too are legally enforceable.

So, what happens if the child support arrangement seems unfair?

The courts make judgments based on the information available at the time. A decision will not change simply because one party feels that it is unfair.

If a party included in an order or divorce agreement can demonstrate a change of circumstances that would justify a modification to the child support calculation, that party can request a change of terms by the court. If the other party does not agree to the change, the request can be opposed.

Sometimes, parents provide incomplete information about their incomes to the court but this only becomes evident after the support order has been issued. This would be grounds for a modification of support, as would be a substantial increase or decrease in salary.

With child support decisions in California, the best interests of the child are always prioritized over the financial needs or preferences of the parents.

The burden of proof with child support decisions in California lies with the parent requesting the modification.

For instance, if one parent requests a downward adjustment of support based on an unusually high income, the burden of proof rests with that parent to demonstrate to the judge that the strict application of the standard child support formula would be “unjust” or “inappropriate.” The parent must show that the lower child support amount requested would not adversely affect the child’s best interests.

If the child support recipient requests an upward adjustment of the amount, the burden of proof rests with that parent to demonstrate that the child’s needs are not adequately met by the existing child support calculation and that the payor parent has the financial means to pay more.

Child support calculations generally follow a standard formula in California. However, a high-income divorce can complicate the situation and a judge may deviate from the standard laws.

With seasoned legal assistance, navigating the requirements of child support is less challenging and fair outcomes can be sought. A dedicated child support lawyer can provide legal advice, protect your rights, and help provide evidence to support your court requests, if necessary.

The family attorneys at The Sands Law Group APLC in Los Angeles can help with child custody matters. Contact us online or call 213-788-4412 today for a free 15-minute case evaluation.