High income child support attorney

Child support guidelines are built for ordinary household budgets. Above the range the schedule contemplates, the arithmetic stops answering the question, and the case becomes an evidentiary dispute about what the child actually needs and what each parent actually earns. Law Offices Of SRIS, P.C. handles support disputes of this kind in Virginia, Maryland, the District of Columbia, New Jersey and New York.

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The legal standard the court applies

In Virginia, Va. Code § 20-108.1 creates a rebuttable presumption that the amount produced by the statutory guidelines is the correct amount of child support. The court may deviate based on the factors the statute enumerates, but the parent seeking the deviation carries the burden and the court must explain a departure on the record. Va. Code § 20-108 governs the court’s continuing authority over support for minor children.

The other states in which the firm practices apply their own guideline schedules. What they have in common is that above the top of the schedule the amount moves into the court’s discretion, and discretion is exercised on evidence. That is where these cases are won and lost.

Evidence that actually moves a judge

Tax returns rarely settle a high-income support case, because in high-income households the return is a summary of decisions rather than a statement of capacity. Discovery typically reaches K-1s, partnership and corporate returns, equity award agreements and vesting schedules, deferred compensation arrangements, trust instruments and distribution histories, and bank and credit records that show the household standard of living.

On the needs side, the persuasive evidence is specific and historical: what the child’s life actually cost during the marriage, itemized and documented. A budget assembled for litigation reads like one. A three-year expense history does not.

What counts as income

The recurring dispute is characterization. Salary is simple. Bonus, restricted stock, options, carried interest, distributions from a closely held entity, retained earnings, and in-kind benefits paid through a business are not. Courts look at what is actually available to the parent, which is not always what a W-2 reports, and a parent who controls the timing of their own compensation invites scrutiny of that timing.

Where a business is involved, a forensic accountant is often necessary to separate genuine business expense from personal expense run through an entity. This is expensive and it is frequently decisive.

Imputed income and voluntary underemployment

Where a parent is capable of earning more than they do, a court may impute income and calculate support on earning capacity rather than actual earnings. The analysis is fact-specific: work history, education and credentials, health, the local market for the parent’s skills, and the reason for the change. A parent who left a demanding role for legitimate health or caregiving reasons is in a different position from one whose income fell the quarter the petition was filed.

Vocational evaluations are the standard tool here. They are not conclusive, but a court asked to impute income without one is being asked to guess.

Expense allocation: tuition, activities, travel and care

Above-guideline cases are frequently really about allocation. Private school tuition where the child has been enrolled for years. Travel between households. Competitive activities with their own cost structure. Nannies and after-school care. Courts tend to look at what the family actually did before separation as the baseline, which means the parent arguing for a sharp reduction in a long-established expense is arguing against the record.

Children with disabilities and support that outlasts majority

Where a child has a disability, support planning has to account for the possibility that need continues past the ordinary termination age, and for the interaction between direct support payments and any public benefits the child receives. A special needs trust is a common structure, and it is one that should be designed by counsel rather than improvised in a settlement agreement, because a poorly drafted arrangement can compromise the benefits it was meant to supplement.

Modification, enforcement, costs and timeline

Support does not adjust because income changed; it adjusts when someone files, and arrears accrue in the meantime. A parent whose income has genuinely dropped should file rather than pay less and explain later. Costs in high-income cases are driven by experts and discovery rather than by hearing time. Timeline depends on the court’s docket and on how contested the financial discovery becomes. The firm discusses fee structure directly at the consultation.

Frequently Asked Questions

Do the guidelines apply if our income is very high?

They apply, and in Virginia Va. Code § 20-108.1 makes the guideline figure presumptively correct. But guideline schedules are drafted for a range of incomes, and above that range the presumption is easier to rebut because the schedule was not designed for the situation. The court then exercises discretion, which shifts the case onto evidence about the child’s actual needs and each parent’s actual capacity.

Does equity compensation count as income for support?

It frequently does, but characterization is contested and fact-specific. Vested and exercised awards, restricted stock that has settled, and regular bonus income are treated differently from unvested awards that may never be realized. Courts look at history and reliability — a bonus paid every year for a decade is treated differently from a one-time grant. The underlying grant documents matter more than the tax return.

What is imputed income?

It is income a court attributes to a parent based on earning capacity rather than actual earnings, used where the court finds the parent is voluntarily unemployed or underemployed. The court examines work history, credentials, health, the local job market and the reason for the change. A vocational evaluation is the usual evidence. Imputation is not automatic and it is not a penalty for changing careers.

Can I be ordered to pay private school tuition?

It depends on the state and on the history. Where a child has attended private school throughout the marriage and both parents supported that choice, courts are considerably more willing to treat the tuition as part of the child’s established needs. Where enrollment is new or unilateral, the analysis is different. The parent seeking contribution should be prepared to show the history, not just the invoice.

Will I have to pay for college?

This varies substantially by state, and it is one of the areas where assumptions carried from another state cause real problems. Some states permit orders for post-majority educational support in defined circumstances; others treat it as a matter for agreement between the parents. Where the parties address college in a settlement agreement, the terms of that agreement usually control, which makes the drafting important.

How do courts handle income from a business I own?

With scrutiny. The question is what is genuinely available to the owner, which often differs from reported taxable income. Discovery typically reaches corporate returns, general ledgers and distribution histories, and a forensic accountant may be retained to identify personal expenses paid through the entity. Owners who control their own compensation timing should expect that timing to be examined.

What happens to support if my child has a disability?

Support may need to continue past the ordinary termination age, and the structure of payments matters because direct payments can affect eligibility for public benefits. A special needs trust is a common solution. Because the interaction between support and benefits is technical, this should be designed with counsel rather than resolved by an informal arrangement between parents.

Can support be changed if my income drops?

Yes, on a filed petition — not automatically. Support continues at the ordered amount and arrears accrue until a court modifies it, so the timing of the filing matters a great deal. A genuine, involuntary and sustained reduction in income is the strongest case; a reduction the parent controlled will be examined closely, and a court may impute income instead.

About Mr. Sris

Mr. Sris is the owner and founder of Law Offices Of SRIS, P.C., which has practiced since 1997. He is a former prosecutor and is admitted in Virginia, Maryland, the District of Columbia, New Jersey and New York. Of Counsel attorneys engaged through Excella handle matters alongside him. In 2019 Mr. Sris testified before the Virginia House Courts of Justice Committee on House Bill 635.

Speak with Mr. Sris

If you are facing this, the useful first step is a conversation about what the record currently shows and what it would need to show. Request a consultation. Reach our location at (888) 437-7747. Consultations are by appointment.

Last reviewed: August 21, 2026.

Attorney Advertising. Law Offices Of SRIS, P.C., principal office: 4008 Williamsburg Court, Fairfax, VA 22032. By appointment. Call (888) 437-7747 to schedule.

The information on this page is general and is not legal advice. No attorney-client relationship is created by reading it or by contacting the firm. Case results depend on a variety of factors unique to each case. Results may vary.

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Attorney responsible for this advertising: Mr. Sris.