Laura Raatjes


Providing for the needs of children of separated parents lies at the heart of state child support laws. But what about providing for the special needs of children of high-income obligors and ensuring consistency in a system often marked by unpredictability and high emotions? This Note examines the manifold problems that discretionary high-income child support decisions can cause: inequitable settlement, increased litigation, injured family structures, and inconsistent decisions. This Note also proposes a solution: to set higher thresholds for triggering a high-income analysis and to require high-income parents to contribute to post-secondary educational trusts. Finally, this Note explains that, as a result of disparate parental resources and fixed costs concerns, the solution should also apply to parents who share physical custody of their children.

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