Psychological Aspects of Child Support in High-Income Cases · Psychological Aspects of Child...

Psychological Aspects of Child Support in High‐Income Cases

© 2015 Matthew Sullivan, Ph.D. and Attorney’s Briefcase, inc. 1

Psychological Aspects of Child Support in High-Income Cases

Matt Sullivan, Ph.D.Matt Sullivan, Ph.D.

Legal underpinnings of Child Support as they relate to the child’s best interestsy◦ Guidelines provide uniformity, predictability,

reduce litigation, provide for the child.

High income earner cases as an exception to applying guideline child support

Wealth Effects on Children’s Development



Parenting Practices: Utilizing financial resources

The Psychologist’s analysis of Child The Psychologist s analysis of Child Support levels In Wealth cases

Limitations of Expert Testimony , Closing Thoughts about these cases

The public policy that forms the basis for child support is that the standard of living pp g(household income) that a child experiences between divorcing parents households should not be significantly disparate. The state seeks to minimize the standard of living disparity to reduce the likelihood that the child will develop a preference for living withchild will develop a preference for living with a parent only due to their experience of such a standard of living disparity.



Children are entitled to shared in the standard of living of both parents and the g pCourt is obligated to fix support according to the circumstances and station in life of the parents When disparity exists the child is entitled to share in

the higher standard of living Based on child’s needs and not on the absolute

amount of the parent’s incomeCheriton

StandardRReverse

Based on the experience of the child of standard(s) of living



Meet an income level that the court determines that the simple application of p pp“guideline” support” is not appropriate

The reasonable needs of the parent seeking a particular level of support become relevant to the case.

Typically, a presentation of projected i id d h i h b i f hexpenses is provided that is the basis for the

requested level of child support

Residence CommunityCo u ty Transportation Recreation Travel/vacation Education Enrichment opportunities Enrichment opportunities Consumer goods



200K/month – 4 K/month. Guideline 13K/ month./ Father requesting 1/3 of guideline. Income and expense of mother submitted for she and 3 children 10K, then estimated 27K for she and young child “wish list ”child - wish list.

Father submitted a budget for mom and young child.

Values about money: “no reasonable judge would place the father’s frugal lifestyle values p g yover the child’s right to share her high-earner parent’s station in life” We disagree

Psychological evidence: “Mother claims his testimony on the negative effects of wealth

hild i i id d hon children is improper evidence… and that the court’s reliance on it was reversible error



“under the circumstances, we do not see the need to question the trial court’s assessment or use of Dr. Sullivan’s testimony.”◦ - rebuttal witness◦ Court well-equipped to evaluate the soundness of Dr. Sullivan’s t titestimony.



Wealth can be a “non-specific risk factor” associated with negative emotional, behavioral and ,character outcomes and that there are important mitigating factors that increase or decrease the likelihood that any one child or family will develop these outcomes.

Coles (1977) Privileged ones” the well off and rich in America Journalists: Silver Spoon phenomenon (La

Beau, 1988) Affluenza (Farago, 1996) WASP Rot (Trafford, 1993) The Price of Privilege: How Parental Pressure g

and Material Advantage Are Creating a Generation of Disconnected and Unhappy Kids (Levine, 2008)



“Parenting Practices in the New Millenium” (Kindlon) Study investigating the dynamics ( ) y g g yof affluent families – what are the factors that predict more positive and negative outcomes for their adolescent children?

Parenting practices are the “mitigating factors” to the negative emotional andfactors to the negative emotional and behavioral consequences of Wealth

The role of affluence in child development: Implications for child support guidelines in exceptional circumstances.

“[W]ide range of variability in child outcomes, depending on factors that exacerbate negative effects or bufferexacerbate negative effects or buffer negative effects and accentuate the positive.”



◦ Challenges at stages of development promote mastery or failure, the stages build on each other. Infancy - Trust versus Mistrust Early childhood 18 months-3 years – autonomy versus

shame - self-control, courage and will Play 3-5 years – initiative versus guilt - purpose School age 6-12 years industry versus inferiority Method and competence - more peer-based

Adolescence 12-18 years Identity versus role confusion - who we are separate from the family

Increased drug and alcohol Depression Depression Narcissism/entitlement Low motivation/poor work ethic Unrealistic academic goals Problems with delaying gratificationob e s t de ay g g at cat o consumerism



Poor parenting practices - related to wealth (use of money/consumption - credit cards, y p ,extravagence, or not related (their own behavior- potent models for their children) -delegate, indulge, poor management of opportunities, isolation, patterns of not supporting developmental challenges (personal responsibility consequences for(personal responsibility, consequences for action)

Relevant to determining the current and potential impact of wealth on the children are p pobservations and opinions about:

- the children’s current functioning,-the parent’s functioning and values

◦ the standard of living between households,◦ the standard of living of the family as it relates to

th it i hi h th f il i b dd dthe community in which the family is embedded.



The court motions and exhibitsIncome and expense declaration Income and expense declaration

Projected needs declaration – wish list

Interview with your clientD i i f h h liDeposition of the other client

Child Custody evaluation?

In the information on which an expert provides opinionsp p◦ Bias

In the literature on which the expert relies



Dr. Sullivan’s contact i f tiinformation:

[email protected]

www.californiaparentingcoordip gnator.com

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