Family transitions like divorce and separation present challenges for any family, but for high-asset families – including business owners, executives, and professional athletes – the issues involved in child custody can be uniquely complex. Demanding careers, frequent travel, security concerns, and significant child-related expenses can make standard possession orders and standard child support guidelines impractical.
Texas courts apply the same “best interest of the child” standard in every custody case, but high-income or high-asset families often require more carefully curated parenting plans to ensure stability for children. Below are five key considerations:
1. Child Support
Family Law attorneys are often asked, “Is child support capped in Texas?” For high income earners, the answer is more nuanced than a simple “yes” or “no.” Texas has guidelines for child support where the default or “guideline” child support amount is calculated by applying a percentage to the paying parent’s first $11,700.00 in monthly net resources. When the net resources of the paying parent exceed $11,700.00, his or her child support obligation can be increased if the proven needs of the child exceed the guideline child support amount.
A child’s “needs” are not just bare necessities, but are determined on a case-by-case basis according to the child’s best interest. Courts have found a child’s needs can include a bodyguard, a private school education, a nanny, music lessons, and other extracurricular expenses, vacations, and birthday/holiday gifts.
In short, for high-income families, child support disputes often hinge on proving the child’s actual needs, not just the parent’s income.
2. Parenting Schedules
The schedules of high-earning parents often do not align with the standard possession schedule. Parenting schedules for these families can be tailored to address parents’ business-related travel and other obligations. For example, a parenting plan might allow make-up time when travel interferes with scheduled parenting time or might set forth electronic communication requirements to nurture the parent-child bond when a parent is traveling.
Creative parenting schedules allow children to maintain meaningful relationships with both parents while accounting for the family’s circumstances.
3. Privacy
Families with public visibility – executives, professional athletes, and other public figures – often have legitimate concerns about privacy and security. Parenting plans or court orders can include provisions designed to limit unnecessary exposure of the child to media attention, public scrutiny, or social media activity.
For example, parenting plans can limit the ability of either parent to post identifiable images of the child on social media or address whether and when the child may appear in media interviews or other public-facing content. Parents might also agree or be ordered to restrict the disclosure of the child’s school, home address, or daily routines.
Privacy concerns often also arise during litigation itself. High-profile families may need to seek protective orders, sealed records, or private arbitration to limit the public dissemination of information involving their child(ren). These precautions can help ensure the custody dispute and the details of the child’s life do not become the subject of unnecessary public attention.
4. Security
For families with significant wealth or public exposure, security and safety may also need to be considered. For example, custody orders can include provisions regarding residential security measures, transportation protocols, and the use of security personnel.
Addressing these issues proactively in an agreed or court-ordered parenting plan can help reduce conflict between parents and ensure consistent safety expectations. The goal is not to create unnecessary restrictions, but to ensure the child is protected while accommodating the family’s circumstances.
5. Professional Support
Communication breakdowns and coparenting conflict can be especially difficult when coupled with demanding professional schedules and scrutiny from business partners, extended family, or the public. To address these issues, parenting plans can incorporate neutral professionals such as parenting coordinators, parenting facilitators, or counselors to help minimize conflict around scheduling, decision-making, and financial matters. Parenting plans can also address involving play therapists, child psychologists, or psychiatrists to preserve and protect the child’s mental and emotional health.
For families with significant resources and complex lifestyles, non-legal professionals can play an important role in creating and maintaining stability for the child.
The Takeaway
Child custody disputes that involve high-asset or high-incomes families require strategy and foresight. Whether a parenting plan is negotiated between the parties or ordered by the court, parties benefit from experienced family law counsel who can advocate for creative, practical, and forward-thinking arrangements. Thoughtfully structured parenting plans can help maximize stability for children, preserve strong relationships with both parents, and reduce the likelihood of future conflict as the family moves forward.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
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