High Income Cases

Rogers Economics specializes in analysis and exhibits for high income cases. Rogers Economics has provided expert support for both custodial and noncustodial parents in high income cases. Recent appellate opinion has made high income deviations more difficult to obtain in Georgia, requiring specific steps for the deviation. Other states have similar requirements for high income cases. Detailed analysis for such cases make awards more compelling.

Rogers has testified in high income cases for clients or other parent in a wide range of industries. These include Major League Baseball, National Football League, National Basketball League, Wall Street, NASCAR, former White House executive, industrialists, and physicians among others.

  • Child support guidelines for high income situations vary by state. Some state statutes favor custodial parents and some state statutes favor noncustodial parents.
  • In some states, there is no upper bound to the presumptive award. That is, the guideline formula continues to be applied to income no matter how high the income is. Such states include California, Florida, Indiana, Tennessee, and West Virginia among others. Noncustodial parents with high income may feel that the presumptive child support award goes far beyond what is spent on the child-even for a high income standard of living.
  • In some states, there is a presumptive ceiling on the presumptive child support award. That is, beyond a certain level of income, higher income does not raise the child support award higher than the ceiling amount. Such states include Georgia, New Jersey, Texas, Nevada, Washington State and many others. Most states have ceilings for presumptive awards. Some custodial parents may feel that the presumptive child support awards are inadequate given what is believed to be an appropriate standard of living for the child, given the high income situation.
  • Rogers Economics specializing in bringing economic data into play for court consideration in these types of cases. Additionally, Mark Rogers has assisted with "budget based" deviation arguments that are case specific and have been compelling in court.
  • Even if a state's child support guidelines favor a particular parent in a high income case, it generally is prudent to anticipate the opposing party presenting a deviation argument for a higher or lower award. In turn, a client should be prepared to offer a counter deviation award that is reasonable and appropriate despite a state statute's bias. Courts often deviate higher in states with presumptive ceilings and often deviate lower in states with no presumptive cap. The prudent approach is to be ready to assist the court with one's own analysis of a reasonable and appropriate award.