Marc Anthony Claims That Increased Child Support Could Cause Problems for His Kids With Ex-Wife, Dayanara Torres, Including Drug and Alcohol Abuse

TMZ.com is reporting that singer, Marc Anthony’s ex-Wife, former Miss Universe, Dayanara Torres, is asking for an increase in child support from Marc, from $13,000 to $113,000 per month. http://www.tmz.com/2014/03/08/marc-anthony-child-support-dayanara-torres-drugs-alcohol/ . Dayanara is reportedly requesting the increase so that their boys can have the same lifestyle with her, that they do when with their father, including apparently, the ability to fly on private planes, travel around the world, stay in 5 star hotels, and have a full time staff, including a cook and nanny. Despite reporting earning $1.25 million PER MONTH, Marc has hired an expert to testify to the risks of being raised with “near unlimited funds.” Marc appears to be arguing that not only do the children not need $113,000 per month to live comfortably, but that if child support was set that high, it could actually be detrimental to the children. In California, child support is normally set pursuant to a statewide guideline calculation. The courts can only deviate from that guideline in very specific circumstances. The question here is if $113,000 is the “guideline” support amount, will Marc’s arguments that he should pay a lower amount be successful?

California law provides that children should share in the standard of living of both parents. Family Code Section 4053 says that this is true even though child support may improve the standard of living of the entire household of the custodial parent. Thus, Marc Anthony’s ex-wife’s argument makes sense legally, even though it means she would be living at a much higher standard of living than she is now if she were to receive $113,000 per month in child support. Further, if the amount she is requesting is pursuant to the California guideline calculation, it is presumed to be correct. The court may only deviate from guideline under special circumstances.

So, does Marc have any legal basis for his argument that he should pay less than guideline support? He might. As set forth in Family Code Section 4057(a)(3), one of the factors the court can consider in ordering child support below the guideline amount is whether the parent being ordered to pay support has an “extraordinarily high income and the amount determined under the formula would exceed the needs of the children.” Marc Anthony definitely has “extraordinarily high income” and its likely his children don’t actually need $113,000 per month to cover all of their daily needs. As such, he may be successful in his argument, depending on his judge.

The ins and outs of child support can be confusing and the California “guideline” amount can be inappropriate at times, depending on the circumstances. At Mello & Pickering, LLP, we have represented a variety of litigants in child support cases, from the stay at home mother who has not worked in twenty years, to the executive earning hundreds of thousands per year. No matter your situation, we can help you with any questions you may have regarding child support. Call our office for a free 20 minute consultation at (408) 288-7800, or to set up a one hour in office appointment.