ABOVE GUIDELINES CHILD SUPPORT CASES - best interest

In above guidelines child support cases the court must determine the amount of the child support based upon a factual determination as to what is in the children's best interest as well as the financial needs of the children against the financial ability of the parents to pay. The Court may exercise discretion in this determination under Family Law Article 12-204 (d) which provides  “If the combined adjusted actual income exceeds the highest level specified in the schedule in subsection (e) of this section, (which is a combined income of $10,000.00 per month) the court may use its discretion in setting the amount of child support.”. Maryland case law has determined because the General Assembly declined to extend the Guidelines schedule, that it is proper in such instances for the court, for guidance, to “extrapolate” from the schedule, but ultimately the decision is one of discretion balancing the best interests and needs of the child with financial and other considerations of the parties. Voishan v. Palma, 327 Md. 318, 328-29, 609 A.2d 319 (1992). Extrapolation from the schedule may act as a “guide,” but the judge may also exercise his or her own independent discretion in balancing “the best interests and needs of the child with the parents' financial ability to meet those needs. Factors which should be considered when setting child support include the financial circumstances of the parties, their station in life, their age and physical condition, and expenses in educating the children.” In above guidline cases it becomes essentially a pre-guidelines determination consistent with the law as outlined in Unkle v Unkle "It is undisputed that a chancellor may modify child support payments, whether by way of reduction or increase, if it is affirmatively shown that there is a material change in the needs of the children or in the parents' ability to provide support. See Jackson v. Jackson, 272 Md. 107, 321 A.2d 162 (1974); Wooddy v. Wooddy, 258 Md. 224, 265 A.2d 467 (1970); Reese v. Huebschman, 50 Md.App. 709, 440 A.2d 1109 (1982); § 1-201 of the Family Law Article. In determining the proper amount of support, the chancellor must balance the best interests and needs of the child with the parents' financial ability to meet those needs. Rothschild v. Strauss, 257 Md. 396, 263 A.2d 511 (1970); Wagshal v. Wagshal, 249 Md. 143, 238 A.2d 903 (1968); Holston v. Holston, 58 Md.App. 308, 473 A.2d 459 (1984). Factors which should be considered when setting child support include the financial circumstances of the parties, their station in life, their age and physical condition, and expenses in educating the children. See Bowis v. Bowis, 259 Md. 41, 267 A.2d 84 (1970); Chalkley v. Chalkley, 240 Md. 743, 215 A.2d 807 (1966); Newmeyer v. Newmeyer, 216 Md. 431, 140 A.2d 892 (1958); Kramer v. Kramer, 26 Md.App. 620, 339 A.2d 328 (1975).

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