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Have you ever wondered why the sky is blue instead of pink? Or green? Or orange? Yeah… probably not. But I just thought I would ask to make some light introduction to this article. Now that we got the introductions out of the way, let’s get to the reason why you’re here and answer the actual question:
Can anyone ever pay too much child support?(I know, I know, my intro was completely unrelated…. oh well)
I came across this case that points to answering this question. I will do my best to keep my opinion to myself on this insane decision. (oops I tried to keep the fact that I found this decision insane to myself *wink wink😉).
Let’s start with the facts shall we?
Quick Facts:
- The husband was ordered to pay child support in alignment with his income. This was under an Order the parties consented to. The Order provided mechanisms to change the child support amount in the future.
- The husband was a partner at a big law firm. Due to the nature of the husbands’ income, the parties agreed to an estimated income of $1,650,000.00 for 2020.
- So, the husband was paying $20,077.00 in child support a month ( yes, you read that right , 20k!!).
- In the subsequent years, the husband’s earnings soared well beyond the initial estimate of $1,650,000 annually. In 2020, he pocketed around $2 million, followed by $2.5 million in 2021, and a whopping $2.6 million in 2022. Consequently, according to the child support tables, this translated to monthly support payments of $25,117 in 2020, $30,409 in 2021, and a staggering $31,321 in 2022.
Can you believe it? 31k for child support? (I am screaming, “PLEASE ADOPT ME” from the rooftops, just kidding, I love my parents ƒÿè).
So, of course, the husband was like there is no way these children need $31,000 a month. So, he sought to change the child support amount through court, holding the position that his increased income was “a material change in circumstances” ( FYI, “a material change is the threshold to meet to vary support”). He pitched a monthly cap of $25,477, based on his $2.1 million income, claiming anything beyond that would be like handing over his wallet to not only his children but eventually his wife. (That’s a fair opinion, right?)
But hold on, the wife wasn’t feeling it. She insisted that the husband should pay support based on his yearly income, with the monthly payments increasing accordingly. (Yikes!)
Here’s how it all played out: the court rejected the husband’s position, ruling that his whopping 55% income boost didn’t cut it as a material change in circumstance. Why? Well, they agreed with the wife’s argument that their initial agreement already anticipated his income increase. So in other words, he should have known! Poor guy Ôÿ╣ He probably only imagined a 2% increase, not a 55% surge!
Anyway, I’m no judge, but here’s the court’s verdict: the husband’s variation request was denied, and he was ordered to pay nearly $220,000 for underpaid support in 2021 and 2022. Ouch!
The court felt that despite the income spike, it wasn’t enough to warrant a change from the original order. This leaves one asking, where’s the line? Is there a cap on child support? When does a scenario become “inappropriate”? These are the questions that keep me up at night! (actually, not really, Netflix does)
The point is, where do we draw the line in cases like this? What I mean by cases like this is high-income earning cases. Perhaps the court should have considered the actual needs of the children (Section 4 of the Guidelines maybe? 😉). Are their needs amounting to 30k+ a month? Will they starve without this money? Or will they just have to pick between steak and potatoes or lobster and crab legs? I mean common!
Anyway, like I said, I am not the judge. Just wanted to share!
Thanks for sticking around! And remember, if you ever need a family law lawyer in Toronto, we’ve got your back. Give us a call (289) 800-1193 or shoot us an email at [email protected].
