Case Spotlight – Elias v. Elias

The husband, Howard Elias, appealed an order on temporary child support in his pending divorce proceeding.  The trial court concluded that neither party was required to pay child support to the other.  The trial court found that the wife’s one million dollar plus annual income was more than enough to provide for the children’s needs.  The court treated any expenses, by the husband, towards the children as incidental.  Over the husband’s objection, the trial court declined to apply the child support guidelines.  However, the appellate court found this ruling to be in error.

According to the appellate court, the child support guidelines are the starting point for determining temporary child support, just as they are for determining final child support orders.  The child support guideline amount establishes the amount the court shall order as child support.  This requirement applies to any living arrangement, whether it be temporary or permanent.  Only after calculating the child support guideline amount based on each parent’s net monthly income and the children’s need for support, can a court depart from the guidelines based on the particular factors of the case.