Tuesday, 23 April 2013

Judge Rules Millionaire Father Does Not Have To Pay Child Support

In a ruling that San Jose family lawyers find very interesting, a judge has ruled that a custodial father whose assets are worth millions of dollars, is not obliged to make child support payments to the mother, in spite of the huge gap in incomes.
The ruling was delivered by an appeals court in New York, which ruled that the Provisions of the Child-Support Standards Act of 1989 prevented the mother in this case from receiving child support from the child's father.  The father has custody of the 9-year-old child for the majority of the time.  
The only income that the mother has is a $5,000 a month in pendente lite child support payment from the child's father, as well as $1,000 in child support payments that she gets from the father of her daughter. 
The father in this particular case owns approximately $20 million in assets.  The couple who have never lived together and never been married agreed that the father should have custody of the child during the school year, and the mother should have primary custody of the child during the summer.  The father then moved to deny that he should be eligible to pay for child support, because he was the custodial parent, taking care of the child for most of the year.  The mother insisted that because of the disparity in incomes and the fact that the child lived with her during a few months of the year, child-support should be paid. 
According to the court however, the father's wealth does not increase his liability in terms of child support payments.  The court has ruled that the Child-Support Standards Act has established a standard for child support payments that is used for determining payments.  Noncustodial parents are required to pay the amount that is determined as per the Child-Support Standards Act.