IS MY INCOME EXTRAORDINARILY HIGH INCOME FOR PURPOSES OF CHILD SUPPORT?

I frequently receive questions from people regarding their family law issues. The following is a question which the inquirer agreed may be publicly revealed, and my answer to the question:

QUESTION: How much is "extraordinarily high income" in California for purposes of child support? I am divorced and share custody of my 4 children 50% of the time with my ex-wife. She earns about $250k per year and I earn about $600k. Using the California guideline amount leads to a very large payment from me to her, even though our children's needs are already more than being met. Are the courts likely to find that my income is high enough such that per Family Code, Section 4057 (b) the amounts required under guideline could be reduced?

ANSWER: Your income is significant, so it is possible that your court could find that your income is an extraordinarily high income for child support purposes, but you or your attorney would have to adduce evidence to persuade the court that guideline support would exceed the needs of the children. In preparation for a hearing to modify child support, discovery should be performed to obtain admissible evidence of the historical expenditures made for each child's support both prior to and subsequent to separation.

This educational blog is brought to you by DONALD F. CONVISER, a Los Angeles Certified Family Law Specalist, owner of Warner Center Law Offices in Woodland Hills in the San Fernando Valley, an effective and aggressive Los Angeles Divorce Attorney serving clients in the courts of Los Angeles and Ventura County for over 35 years, offering a free confidential consultation regarding your divorce or family law issues, at 818/880-8990, www.conviser.net