McGinley

Children are entitled to share in the standard of living of both parents. To this end a presumption exists that the amount of a child support award is determined pursuant to uniform guidelines. However, the presumption may be rebutted if one of the parents has an “extraordinarily high income.” In this case, after finding that the father had an extraordinarily high income, the court awarded child support in an amount that did not relate to the father’s standard of living in any meaningful way. We find this award to constitute an abuse of discretion. Accordingly, on the mother’s appeal asserting that the amount of support awarded from the father was inadequate, we reverse and remand for a new support determination.

Background

In February 1994, Lori McGinley filed a complaint to establish that Stan Herman is the father of her child, bom out of wedlock in January 1993, and for child support. In an accompanying income and expense declaration, McGinley stated that she had a monthly net disposable income of $400 and expenses of $7,627 per month. She sought support from Herman, whom she claimed to be “one of the most successful real estate agents in the entire Los Angeles…