Blog

Extreme Higher Earning Parent – No Increase in Support

 

In a recent New Jersey appellate division case of Ianniello v. Pizzo, the appellate division upheld the trial court’s denial of the custodial parent’s request to increase child support. 

The non-custodial parent was paying $10,000 per month.  The custodial parent sought a $65,000 per month increase for a monthly payment of $75,000 in child support. 

The court found no change in circumstances warranting a review of the $10,000 per month payment.  The court also maintained the $10,000 payment indicating that the child’s needs were being met at this level. 

It is important in cases where the parents are earning above the child support guidelines that specific and detailed budgets are prepared as that initial support amount becomes a benchmark that may be difficult to convince a Judge to upwardly modify notwithstanding the ability of the non-custodial parent to pay. 

In this case, at the time of the divorce, the non-custodial parent earned $11 million dollars that year. Five years after the divorce, the custodial parent sought to increase child support. The non-custodial parent was then earning $16 million dollars. In the years immediately prior to the application to review child support, the non-custodial parent earned $31 million dollars, $24 million dollars and $23 million dollars. Despite the tremendous increase in income and ability to pay, the needs of the children were being met, the court found.  Therefore, the court did not increase the monthly support even though there is an extreme higher earning parent.

Please contact me if you have any questions regarding child support, or any other family law matter.

 

Subscribe to Our Blog

SHARE THIS POST:

Related Posts

Blog
Is January Really “Divorce Month?”

“Divorce Month” Fact or Fiction: Do More Couples Split in January? was a recent article that I came across in the New York Times. The article discusses the belief that January is the busiest month of the year for divorce filings. The article’s information is consistent with my experiences after practicing family law for many…

Read More
Blog
One Year!

One year into owning and running my own firm has been exhilarating, amazing, exhausting with a million other emotions in between. When the news was first announced, many of my friends, who are also solo and small firm owners, reached out to me to try and prepare me for the wild ride I was about…

Read More
Blog
Divorce Consultations – Are You Prepared?

I spend a significant of my day providing initial divorce consultations. This is the most important time I will spend with a potential client. In these consultations, many of the people that come see me are understandably emotional and focused on the part of the relationship that led them to my office. More often than…

Read More
Blog
Divorce Issues for New Jersey and Federal Government Officials

For many of us, the first time that we heard of family issues affecting government officials started with the philandering of President Clinton. These days, the media feeds us the personal and private affairs of former Congresswoman Katie Hill and former FBI lawyer, Lisa Page, among others. Going through a divorce is a stressful time…

Read More
Blog
What is Emancipation in New Jersey?

As a general matter, New Jersey parents must pay child support until the emancipation of a child. Emancipation is a term that describes the occurrence of an event wherein a child has moved beyond the “sphere of influence” of his or her parents. In other words, emancipation is the act by which a parent relinquishes…

Read More
Blog
Divorcing Police Officers Face Unique Parenting Time Issues

Divorcing police officers and firefighters, like other clients, face a multitude of issues.  For most parties, the paramount concern is custody and parenting time when there are children born of the marriage. For most parents who work “9 to 5” jobs, there will be a traditional custody and parenting time arrangement.  This agreement is either…

Read More
Call Now ButtonCall Us