In Re Marriage of Jacquart v. Jacquart
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.
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..
In setting child support for serial family payor, gross income means all income derived from any source and realized in any form. The only reductions are public assistance and child and spousal support from previous marriages.
(1) SSI is not available for child support, but, (2) seek-work order was appropriate and does not conflict with SSI program.
In calculating gross income, court can add back depreciation. Trial court rejected charging father for equity in residence
All sources of income are considered in determining child support.
No error by court in including overtime in husband’s income where there is evidence in the record that he earned overtime income on a regular basis.