Above-the-Guidelines Child Support for HNW and UHNW Individuals

Missouri, Arkansas, and Oklahoma have their own unique child support guidelines and calculators. One common factor in all three states is that there is a “ceiling,” or limit, for each state’s child support formula. The child support calculators are designed to work for incomes ranging from upper-middle class to below the federal poverty level. The formulas cease to work when incomes exceed a certain amount per month.

When your income exceeds your state’s child support ceiling, the court has discretion to make an “upward deviation” and require additional child support beyond the maximum obligation in the child support calculator. There are a number of factors the court may consider when going above the guidelines, including:

• Each parent’s income

• The needs of each child

• The lifestyle of each child

• Other child-related expenses

A contrast is often made between child support and spousal support that child support has a calculator while spousal support (alimony) does not. For high-net-worth and ultra-high-net-worth individuals, the distinction is not so clear, and the child support analysis is similar to an alimony assessment in that it is fluid and highly fact-sensitive.

Many lawyers never encounter an above-the-guidelines scenario. If you are in a situation where one or both parents’ monthly incomes exceed the child support ceiling, you should consult with a lawyer experienced in this area. Our law firm has successfully negotiated and tried a number of above-the-guidelines child support scenarios.