First, the Schedule of Basic Support Obligations now goes up to $40,000 per month in combined income. The 2014 version only went up to $30,000 per month. Under these new guidelines, fewer cases will fall outside the guidelines due to high income.
Second, the Schedule of Basic Support Obligations appears to generally be higher for the same income level—often by 25% or more. This increase evidently was intended to take inflation into account but that same inflation results in increased income. I believe this increase reflects a determination that it is becoming increasingly expensive to raise children no matter one’s income level and that parents in general are devoting a greater share of their incomes to child-rearing expenses. Given the trends of the past decade—larger and more expensive homes and vehicles; smartphones for younger and younger children; more time and money devoted to extracurricular expenses and enrichment—this is likely an accurate assessment. Whether child support obligations should help fund this trend appears not to be something the drafters considered.
The third change is a provision for crediting “Extraordinary Medical Expense” in the child support award:
Extraordinary Medical Expense…Medical expenses that incurred on a regular basis should be incorporated into the monthly support calculation for concurrent payment as opposed to reimbursement. The amount of such extraordinary medical expenses must be readily determinable and incurred regularly, as determined by the Court. Examples could include professional counseling and allergy treatments. Any such expenses classified as extraordinary should not be included in any reimbursement addressed above.
This addition should lead to less fighting for reimbursement when a medical expense is large, recurring, and extraordinary. However, when that expense is eliminated, it will entail the non-custodial parent going back to court to get child support lowered. Essentially less litigation over reimbursement and more litigation for modification.
