Is there a Max. Amount of Child Support?

[NotAnAttorney]

What is the name of your state? Arkansas

Is there a maximum amount of child support that a Judge can award? If not, how could one go about having one placed. I ask this because I saw a case where a woman sued her ex-boyfriend for like $23,000 a month in child support. He was an NBA Player and that was 20% of his current income. He had previously been paying her $5000 a month without a court order according to the newspaper articles, but she wanted more. After seeing this case, I wondered if there was any cap to an amount that a person could ask for in child support! There is no way that it could take $23,000 a month to support a child, so that is not child support. Even the $5000 that he was giving was generous, and according the newspaper article, that was in addition to a college fund he had set up for the child and a trust fund worth over a million dollars! But Momma wanted more money in hand while she sat at home with her college degree without a job. My state awards child support based solely on the NCP's net income alone, with no other factors figured in.

 

[BelizeBreeze]

The answer is fixed by state statute. This forum isn't designed to discuss hypothetical cases.

 

[NotAnAttorney]

My question is if there is no cap amount, how could one go about having a law passed to place a maximum amount that a Judge could order? Not hypothetical.

 

[BelizeBreeze]

My question is if there is no cap amount, how could one go about having a law passed to place a maximum amount that a Judge could order? Not hypothetical.

run for office, start a statewide petition, move to Fiji

 

[Shawna]

What is the name of your state? Arkansas

Is there a maximum amount of child support that a Judge can award? If not, how could one go about having one placed. I ask this because I saw a case where a woman sued her ex-boyfriend for like $23,000 a month in child support. He was an NBA Player and that was 20% of his current income. He had previously been paying her $5000 a month without a court order according to the newspaper articles, but she wanted more. After seeing this case, I wondered if there was any cap to an amount that a person could ask for in child support! There is no way that it could take $23,000 a month to support a child, so that is not child support. Even the $5000 that he was giving was generous, and according the newspaper article, that was in addition to a college fund he had set up for the child and a trust fund worth over a million dollars! But Momma wanted more money in hand while she sat at home with her college degree without a job. My state awards child support based solely on the NCP's net income alone, with no other factors figured in.

Look at it this way, the child is supposed to have a similar lifestyle as if both parents were still together. The norm for child support is 20- 30%. Sometimes it doesn't pay to be rich.

 

[nextwife]

Look at it this way, the child is supposed to have a similar lifestyle as if both parents were still together. The norm for child support is 20- 30%. Sometimes it doesn't pay to be rich.

Except I know some very rich people (were in sports, sports franchises, etc.) and, while they live well, they stash away a large proportion of their income for slower times, and are not so foolish as to LIVE on all the income they make. They do NOT spend 20 or 30% directly on their chid.

Example: a performing artist who is (likely temporarilly) raking in a fortune, could be a nobody in a few years. They'd be very foolish to spend as if they will always make that kind of money. And the "where are they now" stories of athletes, artists, authors, etc, who had a BIG hit, or a period of fame and big money, show that the smart ones all INVESTED a good chunk of their big bucks into a business, or training, for a future when the current "big bucks" stopped. They didn't use all their income, they saved a large precentage. One only needs so much to live well.

 

[NotAnAttorney]

Except I know some very rich people (were in sports, sports franchises, etc.) and, while they live well, they stash away a large proportion of their income for slower times, and are not so foolish as to LIVE on all the income they make. They do NOT spend 20 or 30% directly on their chid.

Example: a performing artist who is (likely temporarilly) raking in a fortune, could be a nobody in a few years. They'd be very foolish to spend as if they will always make that kind of money. And the "where are they now" stories of athletes, artists, authors, etc, who had a BIG hit, or a period of fame and big money, show that the smart ones all INVESTED a good chunk of their big bucks into a business, or training, for a future when the current "big bucks" stopped. They didn't use all their income, they saved a large precentage. One only needs so much to live well.

That's probably pretty similar to the case that I was mentioning in the opening post that brought this whole situation to my attention that made me think there needed to be some sort of maximum amount that could be awarded. The NBA players name was Corliss Williamson in the case I mentioned above. I know that there is no way that he will be able to play ball for the duration of his working life and therefore can not possibly afford to live this lifestyle if he spends his money like that. When you are talking about athletes, they have short careers. You don't see 60 year old NBA players.

 

[Ohiogal]

That's probably pretty similar to the case that I was mentioning in the opening post that brought this whole situation to my attention that made me think there needed to be some sort of maximum amount that could be awarded. The NBA players name was Corliss Williamson in the case I mentioned above. I know that there is no way that he will be able to play ball for the duration of his working life and therefore can not possibly afford to live this lifestyle if he spends his money like that. When you are talking about athletes, they have short careers. You don't see 60 year old NBA players.

Then they go for a modification like any other parent.

 

[BelizeBreeze]

Then they go for a modification like any other parent.

And corliss won't have that long of a career anyway. He already has two strikes against him.

1. He's from Arkansas and not many razorbacks have long careers, and;
2. He doesn't have the girth or height to play on the inside where he did in College and doesn't have the shot to be a power forward.

 

[nextwife]

Then they go for a modification like any other parent.

Well, ther PROBLEM with that philiosophy is that it familiarizes the child to a very high, unrealistic lifestyle. I have an acquantance who owns a known sports franchise, and they do NOT live a showey, flashy liefstyle. Rather, their kid goes to public school with my daughter, rides the school bus, dresses in off the rack basic clothes like her peers, etc.

My dad worked on commission (commercial real estate). He had up years and down years. Up and down months. WISELY, he always budgeted at about 65% of his averaged income. Thus his spending, mortgage, cars, vacations, was always based upon a smaller income figure than what he might, that particular month, have available. That way, we never felt any real difference when he had down years. I've always budgeted and spent in that type of pattern (I have a very modest mortage, thus when I was laid off, only modest liefestyle changes were needed until I got ,my commissions back up to where they were at my old company), because it is much wiser than committing oneself to an income level that may only be sustainable for a short term. In my business (real estate) in which large swings of income may occur, few are stupid enough to "spend as you go".

I just think that, philiospophically, it is unwise to adapt a child to a lifesytle that is likely unsustainable.

 

[stealth2]

Yeah, but then they may have to give up some of the bling.

 

[Ohiogal]

Well, ther PROBLEM with that philiosophy is that it familiarizes the child to a very high, unrealistic lifestyle. I have an acquantance who owns a known sports franchise, and they do NOT live a showey, flashy liefstyle. Rather, their kid goes to public school with my daughter, rides the school bus, dresses in off the rack basic clothes like her peers, etc.

My dad worked on commission (commercial real estate). He had up years and down years. Up and down months. WISELY, he always budgeted at about 65% of his averaged income. Thus his spending, mortgage, cars, vacations, was always based upon a smaller income figure than what he might, that particular month, have available. That way, we never felt any real difference when he had down years. I've always budgeted and spent in that type of pattern (I have a very modest mortage, thus when I was laid off, only modest liefestyle changes were needed until I got ,my commissions back up to where they were at my old company), because it is much wiser than committing oneself to an income level that may only be sustainable for a short term. In my business (real estate) in which large swings of income may occur, few are stupid enough to "spend as you go".

I just think that, philiospophically, it is unwise to adapt a child to a lifesytle that is likely unsustainable.

No one said the parent had to spend all that money on the child this month. If they do then they are being irresponsible. They could do a variety of other things with that money that is in the best interest of the child: Open a retirement account for the child (teenagers have Roth IRAs), a college account for the child, and invest the money in an account for the child so that when the child gets older they have money to fall back on. Good financial planning can make it so that the child is fiscally responsible and wise as well as not having to worry about finances until they can get set up. Plus mom and dad can both provide substantial homes for the child and arrange child to dad whereever dad may be due to his job. Depending on the age of the child, mom would probably travel as well if the child were going to dad. And philosophically it doesn't matter. Remember, legalities do. Either or both parents can be financially irresponsible.

 

[GrowUp!]

Anyone remember the P. Diddy story that was posted on here maybe a year ago?

IIRC, don't many (I doubt all) states have language where after a specific amount of income (i.e. in Ohio it's 150k I believe), then it's up to the Judge's discretion and the good ol' "best interest" equation.