Family Matters

High-Income Parents and Child Support

If you and/or your co-parent earn considerable income, an “above guidelines” child support award may be appropriate in your matter. Specifically, if the combined net family income exceeds $187,200, the factors set forth in N.J.S.A. 2A:34-23(a) must also be applied to your case to determine if a supplement to the child support guidelines award is appropriate.

The factors enumerated in N.J.S.A. 2A:34-23(a) are as follows:

1. Needs of the child;
2. Standard of living and economic circumstances of each parent;
3. All sources of income and assets of each parent;
4. Earning ability of each parent, including educational background, training, employment skills, work experience, custodial responsibility for children including the cost of providing childcare and the length of time and cost of each parent to obtain training or experience for appropriate employment;
5. Need and capacity of the child for education, including higher education;
6. Age and health of the child and each parent;
7. Income, assets, and earning ability of the child;
8. Responsibility of the parents for the court-ordered support of others;
9. Reasonable debts and liabilities of each child and parent; and
10. Any other factors the court may deem relevant.

In many child support cases involving high-income parents, the children’s extracurricular activities and extraordinary expenses will be evaluated. However, the Courts also recognize children with high wage earner parents deserve to share in their parents’ good fortune and to enjoy a standard of living consistent with the same. The Court held in Isaacson v. Isaacson, additional expenses may also be taken into consideration when determining an “above guidelines” child support award such as private school tuition, private tutoring, summer camps, sports camp, clothing/incidentals for teenagers, vacations, car insurance for teenagers, home renovations for the parent of primary resident to maintain a presentable home, establishment of a 529 account or a trust.

The determination of an “above guidelines” child support award is extremely case-specific. It is always best to focus on the best interests of the child when negotiating a successful resolution to this type of case.  If you have any questions regarding child support in your matter, please contact us.

The information contained in this publication should not be construed as legal advice, is not a substitute for legal counsel, and should not be relied on as such. For legal advice or answers to specific questions, please contact one of our attorneys.