High Income and Child Support
February 12, 2020 § Leave a comment
When April and Jeffrey Descher were divorced, the chancellor ordered Jeffrey to pay April $7,500 a month in child support, even though the evidence was that the children’s monthly expenses did not exceed $3,400. Jeffrey appealed, arguing that the child support was excessive.
In a January 14, 2020, ruling the COA affirmed. Judge Lawrence’s opinion on this issue in Descher v. Descher follows:
¶10. Based on April’s Rule 8.05 financial statement, the children have estimated monthly expenses of $3,402.33. That sum includes $1,208.33 in health and dental insurance and other out-of-pocket medical expense, which the chancellor ordered Jeff to pay. Following the chancellor’s order, the children’s total estimated monthly expense would be $2,194 per month. The chancellor awarded a total of $7,500 in monthly child support. Jeff claims that the award is excessive because the children’s stated expenses are less than half of what the chancellor ordered. Additionally, Jeff claims that the chancellor erred because he did not make a “specific finding” to support the award as required by Mississippi Code Annotated section 43-19-101(4) (Rev. 2015).
¶11. The statute indicates that for two children the chancellor could award twenty percent of the parent’s adjusted gross income (AGI) for support. Id. § 43-19-101(1). Where the parent makes more than $100,000 annually, however, the chancellor may deviate from the statutory guidelines by making a “written finding in the record as to whether or not the application of the guidelines . . . is reasonable.” Id. § 43-19-101(4). An upward deviation by the chancellor of a child-support obligation may be valid if the increase provides for the children in a manner in which they have become accustomed. Crittenden v. Crittenden, 129 So. 3d 947, 959 (¶42) (Miss. Ct. App. 2013).
¶12. The chancellor found that Jeff’s adjusted net income was $71,377.67 per month or $856,532.04 per year. That amount would have produced a monthly child-support obligation of $14,274.33 if the chancellor had applied the statutory guidelines in subsection 43-19-101(1). The chancellor made a downward deviation of under twenty percent in Jeff’s favor. Jeff, however, still complains to this Court that the amount is too much.
¶13. This Court has previously rejected “the argument that equates reasonable support with subsistence” and adopted the view that “the ‘reasonable needs’ of the child ought to be viewed at least as broadly as the reasonable needs of a wife seeking alimony.” Ali v. Ali, 232 So. 3d 770, 777 (¶21) (Miss. Ct. App. 2017). The monthly expenses provided for in a party’s Rule 8.05 financial statement do not set a cap on an award of child support. Even if a child’s basic needs are met, “[i]t is not an abuse of discretion for the chancellor to consider the standard of living to which the child is accustomed in deciding what amount of support is reasonable.” Ali, 232 So. 3d at 777 (¶21) (citing Moulds v. Bradley, 791 So. 2d 220, 228-29 (¶24) (Miss. 2001) (Diaz, J., concurring)). Even though April claimed less than $4,000 in monthly expenses for the children, her Rule 8.05 declaration did not cap out the maximum amount of child support the chancellor could grant. Jeff’s monthly income and his earning potential far surpass April’s. As Justice Diaz said in his concurring opinion in Moulds, “[t]he trial court should not limit the amount in child support to the child’s ‘shown needs,’ because a child is not expected to live at a minimal level of comfort while the non-custodial parent is living a life of luxury.” Moulds, 791 So. 2d at 229 (¶26) (Diaz, J., concurring) (citing People ex rel. Graham v. Adams, 608 N.E.2d 614, 616 (Ill. App. Ct. 1993)). The Rule 8.05 financial statement is not a locked-in-time child support determination. The children were accustomed to a standard of living where their father made $71,377.67 per month. They are now living on $7,500 per month.
¶14. This Court is not a finder of fact, nor do we apply our own discretion in place of the chancellor’s. The chancellor issued a thirty-two page judgment that clearly articulated his findings of fact from the evidence presented and the correct legal standards. This Court only reverses the decision of a chancellor if his decision is not supported by the record, results in manifest error, or is an abuse of discretion. Here, the chancellor’s award of child support is supported by the record, and his decision was not manifest error, nor an abuse of discretion.
Interesting. There are cases as this does that say the statutory “guidelines” are just that, and that the chancellor must apply some discretion for the best interest of the children. And there are cases that require strict application; in one case I was reversed solely to correct my arithmetic in calculation because I had rounded up.