How Is Child Support Calculated for Affluent People? Let’s Find Out

Ordinarily, the California courts use a complicated formula to determine the appropriate level of child support. However, for high-income parents, this formula doesn’t always work.

Table of Contents

1. What Is “Affluent”?
2. How Is Child Support Ordinarily Calculated?
3. Deviation From Guideline Child Support
4. Burden of Proof
5. Reasons to Seek a Deviation From Guideline
6. Your Next Steps

1. What Is “Affluent”?

This is yet another example of how vague California laws can be when it comes to custody and child support. There is no definition of affluent or high-income earner, as the court refers to it.

There are good reasons for this. For one thing, costs of living vary a great deal from region to region in the state. In addition, if the court put a dollar amount on the definition, they would have to be continually adjusting it for inflation and other economic factors.

Finally, wealth is different depending on how it is earned and maintained. The same dollar amounts would not apply to a person living off a trust fund as to a person responsible for running a business and supporting employees.

Therefore, it is the responsibility of the person looking for the exception to the income rule to prove that they are affluent in the eyes of the court.

2. How Is Child Support Ordinarily Calculated?

The state of California uses a standard formula to determine how much child support parents must pay. It takes many factors into consideration, including the number of children you’re supporting, your income, your other expenses (property taxes, union dues, retirement accounts, and so much more), as well as how much time you are responsible for your children.

It is crucially important that these forms are filled out correctly, regardless of whether you are the high-income earner or the other parent. Hiring an attorney to walk you through this process will ensure that your children are adequately provided for without creating an undue burden on either parent.

3. Deviation From Guideline Child Support

If you are considered high-income by the courts, you may be able to apply for a deviation from guidelines when determining child support. To do so, you must file a declaration in court. That declaration first needs to successfully argue that you are high-income because unless the court considers you to be such, you don’t qualify for a deviation.

You need to propose a specific deviation; you cannot just ask the court to pay less and expect them to come up with a number for you. You must propose an amount, and then you need to show that it is sufficient to provide for your child’s needs, or that your child’s needs will be better met under the deviation (for example, if you are then willing to cover other costs, such as tuition).

A deviation from the guidelines for child support is very tricky, and judges are always skeptical when someone applies. It is crucially important that the process is handled correctly. Our firm has a great deal of experience with this type of litigation.

4. Burden of Proof

As you might expect, the burden of proof in a case such as this lies with the high-income earner, and this is true regardless of who brings the case—the high-income earner themselves, or the other parent.

Basically, the affluent parent must demonstrate that the child’s needs are met at a child support rate lower than the guideline. That means that if you are the other parent, you should be prepared to show that the guideline child support is what you need to meet your child or children’s needs. You must also demonstrate that your income is not high enough to warrant a deviation by the other parent.

This is more complicated than simply spelling out your expenses related to supporting your children. The court will take many factors into consideration, several that you may not be expecting. It is important to have a competent attorney help you prepare to defend yourself.

5. Reasons to Seek a Deviation From Guideline

The most obvious reason to seek a deviation from a guideline in child support is if your economic situation or that of the other parent has changed. This is true regardless of income level. In addition, if your child’s needs have changed substantially (they no longer require full-time childcare because they started kindergarten, for example), this can also impact child support.

You can also seek a deviation if your child’s needs can be met by a lower amount. In an initial agreement, you will need to show that a lower amount will not impact the lifestyle your children are used to.

Finally, the court may consider if you are responsible for other expenses relating to your children, including tuition or medical expenses, for example.

6. Your Next Steps

Whether you are planning to apply for a deviation from guidelines when determining child support, or your co-parent has already petitioned the court for one, you need competent and efficient representation. Our attorneys have represented clients from all walks of life and can assist no matter what your particular situation entails.