Child Support: Substantial Additional Awards for Generous Extras Must Be Justified By Findings

New York Mother and Father have a brief fling, and a Child is born.

Mother is half Father’s age.

Father is an attorney who earns $130,000. In New York City. And has substantial debt.

At trial, the family court orders Father to pay basic child support of about $22,000 – plus all of Child’s summer, weekend and extracurricular activities expenses.

Plus private school tuition at a very exclusive school. Costing $45,000.

The trial court makes minimal findings to justify these additional awards, however.

On appeal, the intermediate appellate court strikes the additional child support award for lack of findings to justify the upward deviation from basic child support.

The appellate court also notes that Mother’s and Father’s relationship was so brief that no intact family standard of living could really be established – and implicitly recognizes that the magnitude of the additional expenses simply┬áisn’t consistent with Father’s net disposable income.

Read more in this New York Law Journal article: Panel Trims Child Support That Covered Private School .

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