In Re Marriage of Hubner v. Hubner
Trial court needs sufficient information to assess child’s needs in high income payor case. Such information includes the amount of the supporting parent’s actual income.
Trial court needs sufficient information to assess child’s needs in high income payor case. Such information includes the amount of the supporting parent’s actual income.
Deviation from percentage standard affirmed for high income father where no basis for need was shown.
Ordering excess child support to be paid into trust for college was abuse of discretion. Court cannot consider post-high school expenses.
(1) Although percentage standards cannot give absurd results in high income cases, trial court here failed to articulate why guidelines would be unfair in case where husband earns $1 million per year. (2) Court has discretion to establish trust for post-majority needs for children.
Court did not misuse discretion by failing to use guidelines in modification case where payor was expending more than what the law might ordinarily require of a high income obligor.
Application of percentage standards in high income case was within court’s discretion to fashion an order serving the best interests of the child.
In a case of a high-income payee, the percentage standards presumptively apply, absent payor’s showing of unfairness.
Court property deviated from guidelines, where strict application would have resulted in child support of over $130,000 per year. Trial court properly exercised its discretion in finding such support would far exceed any amount necessary to provide for the children in a similar pre-divorce lifestyle, would be detrimental to the childrens’ values and would constitute hidden maintenance.
Trial court had the authority to establish a trust from child support paid during minority, some of which may be used to fund higher education. Statutory change did not alter import of Mary L.O..
Including overtime wages in husband’s gross income for purposes of setting child support would be punitive.