Significant family wealth, such as marital estates exceeding $1 million, can complicate child custody proceedings. In Southern California, the paramount legal standard is always the best interests of the child.
When wealth is involved, this standard goes beyond safety and care. While the paramount legal standard for custody remains the child’s health, safety and welfare, wealth affects child support orders by requiring the court to consider the standard of living of both parents to ensure the child shares in both homes, thereby minimizing any significant disparities between households.
Defining “reasonable” expenses
The court considers your child’s accustomed lifestyle when defining their reasonable needs, which often extend far past basic necessities like food and shelter. The court looks at expenses that allow your child to continue the life they knew before the divorce, such as:
- Private school tuition and tutoring
- High-end summer camps or international travel
- Specialized activities like elite sports or equestrian training
- Costs for nannies or private educational support
Expenses such as private tuition and extracurricular activities are considered discretionary child support add-ons. The court may order them if they are in the child’s best interest and are a reasonable expense, often considering whether the costs are consistent with the child’s accustomed lifestyle before separation.
Educational decisions and high-value needs
High assets can complicate joint legal custody, especially regarding educational choices and extracurricular activities. You and your co-parent must collaborate on key decisions, such as school selection and specialized tutoring.
What happens if one parent wants to continue paying $50,000 in annual private tuition, while the other disagrees? The court must evaluate if the expense is reasonable and in the child’s best interest, often by considering whether the cost is consistent with the child’s accustomed lifestyle and the parents’ ability to pay. In addition, high-asset cases frequently involve complex orders for specialized medical or therapeutic needs.
Bridging the financial gap
California child support payments aim to minimize the disparity in your child’s lifestyle between the two homes. In cases involving high income, the standard guideline formula remains the starting point for support.
The final amount, which is structured to ensure your child shares in the standard of living of both parents, may be higher than the base guideline due to the court ordering discretionary child support add-ons.
Additional child support helps ensure your child does not experience a significant downgrade in their daily life when they visit the lower-earning parent.
Guidance for complex custody orders
Detailed financial and custody orders require skilled legal guidance to provide a clear picture of your pre-divorce spending and to develop a strategic legal approach. You must clearly document the children’s lifestyle and expenses to present your case effectively. Successfully addressing these complex financial and custody matters is vital to the child’s future well-being as well as the economic security of the parents.
