Occasionally, you may have a case with an adverse party whose income is either “off the guidelines” or combined with your client’s income results in an amount that is “off the guidelines.” Extrapolation should not be used. The courts should review evidence of the actual needs and lifestyle of the child and issue an order that is in the child’s best interest.1 Also, the court may order that any or all of the excess award (i.e., that exceeding the maximum child support) be placed into a “trust for the educational or medical needs of the child.” This trust terminates at age 24 unless the parties agree otherwise.2
- 1See Allie v. Allie, 11-292 (La. App. 3 Cir. 11/30/11), 80 So. 3d 644; Dejoie v. Guidry, 2010-1542 (La. App. 4 Cir. 7/13/11), 71 So. 3d 1111; Harang v. Ponder, 2009-2182 (La. App. 1 Cir. 3/26/10), 36 So. 3d 954; Earle v. Earle, 43,925 (La. App. 2 Cir. 12/3/08), 998 So. 2d 828.
- 2La. R.S. 9:315.13 (B)(2).