California courts typically look at both the kid’s needs and the parents’ ability to pay when considering child support after a divorce. The second factor often centers on the former spouses’ incomes, but sometimes that figure doesn’t tell the whole story. The Second District Court of Appeals recently considered a case in which one spouse had at least some of his money tied up in fancy artwork.
Husband and Wife separated in March 2011, following nearly four years of marriage in which they had one child. They later entered into a marital settlement agreement, where Husband agreed to pay Wife $600,000 over a certain period of time in exchange for Wife waiving her right to spousal support, and to pay $1,500 per month in child support. The spouses agreed to share legal and physical custody of their daughter, with the child staying with Husband three nights a week.
A trial court in June 2014 granted Husband’s request to increase his time with Daughter and to give him sole legal custody for the purpose of Daughter’s therapeutic treatment. The child suffered developmental delays as a baby and had been in therapy ever since. Wife had recently been treated for alcoholism and bipolar disorder, and Husband was concerned that the child wasn’t getting to school or her therapy appointments. The court also granted Wife’s request to increase child support, but it raised the amount to just over $2,000 instead of to the $6,000 per month that Wife sought.