The concept that parents are obligated to support their children has led to the creation of child support regulations. If one parent is particularly wealthy, they may be required to pay more than the standard child support amount. This is referred to as “good fortune” child support. The court will consider the needs of the child or children, each parent’s financial situation and ability to pay, their age, stage in life and standard of living.
The judge may decide that the children have a right to benefit from the riches and success of the wealthy parent after the divorce. This ruling makes sense because the children would have received these benefits if their parents had remained married.
Benefits of “good fortune” child support
Wealthy parents can offer their children various advantages, such as private schooling, vacations and extracurricular activities that exceed the norm. Even if the children live primarily with the other parent, increased child support payments can assist in establishing savings and trusts for the children.
The court encourages fairness
However, high child support awards also have some limitations. A court will not force a wealthy parent to pay an excessive amount just because they can afford it; instead, it will limit the order to what is necessary to provide a decent standard of living for the child. For example, a court will not increase child support just because a parent becomes wealthier if the child’s needs are fully met.
Courts recognize that affluent parents may be used as a front to allow the other parent to live extravagantly rather than allocating the funds for their children’s needs. When this is a concern, the court may allow the wealthy spouse to petition for guardianship of the child’s assets.
The child support law known as “good fortune” can be complicated. Therefore, it is best to seek assistance from someone who understands how best to proceed.