State

High Income Guideline

Alabama

The court may use its discretion in determining child support in circumstances where combined adjusted gross income is below the lowermost levels or exceeds the uppermost levels of the schedule.

Alaska

In cases where the obligor parent's income is greater than $84,000 per year, the court should use the $84,000 as the parent's income, and increase the support above the amount calculated using the $72,000 per year figure only if it is just and proper.

Arizona

Combined incomes of over $20,000 a month shall have orders set according to guidelines. If a party wants an greater than the presumptive amount, the party must establish with the court that a greater amount would be in the child's best interests. Lists factors that could determine a child's best interest.

Arkansas

When the payor's income exceeds that shown on the chart, the trial court shall disregard the chart and apply different percentages.

California

Where the parent being ordered to pay child support has an extraordinarily high income and the amount determined under the formula would exceed the needs of the children, the court may deviate from the formula provided. The high value of residence of children is also listed as a deviation factor.

Colorado

The judge may use his judicial discretion in cases where combined adjusted gross income exceeds the uppermost levels of the guideline, except that the presumptive basic child support obligation shall not be less than it would be based on the highest level of adjusted gross income set forth in the guideline.

Connecticut

Above $2,500 weekly income, awards shall be determined on a case by case basis, provided the amount of support prescribed at the $2,500 level is presumed to be the minimum order.

Delaware

In cases of high income, a basic amount plus a particular percentage shall be applied.

District of Columbia

The guideline percentage shall not apply to a noncustodial parent with income that exceeds $75,000. The amount available to a child in such a case shall not be less than the amount that would have been ordered if the guideline had been applied to a noncustodial parent with income of $75,000.

Florida

For combined monthly available income greater than the amount in the chart, the obligation shall be the minimum amount of support provided by the guidelines, plus a percentage based on the number of children whose support is being determined.

Georgia

High income, defined as individual gross income over $75,000 a year, is listed as a deviation factor.

Hawaii

A monthly income that would result in a computation higher than the reasonable needs of the children is an exceptional circumstance warranting deviation.

Idaho

The guideline income schedules are not a limitation on the award of support for combined incomes over $150,000. In cases where combined income exceeds $150,000 per year, the court shall award support on a case-by-case basis, using "all relevant factors." Details what type of factors could be considered.

Illinois

High income is listed as a deviation factor.

Indiana

For combined weekly adjusted income of $4,000, a special formula is applied as a presumptive amount.

Iowa

Where the noncustodial parent's income is $6,001 per month or higher, support is determined on a case-by-case basis, but not less than the dollar amount as provided for in the guidelines for a noncustodial parent with a monthly net income of $6,000.

Kansas

If the combined income exceeds the highest amount shown on the schedules, the court should exercise its discretion by considering what amount of child support should be set in addition to the highest amount on the schedule. A suggested formula is provided.

Kentucky

High income is listed as a deviation factor.

Louisiana

If the combined adjusted monthly gross income of the parties exceeds the highest level specified in the schedule, the court shall use its discretion in setting the amount of the basic obligation in accordance with the best interest of the child and the circumstances of each parent.

Maine

When the combined annual gross income exceeds $240,000 the child support table is inapplicable except that the basic weekly support entitlement shall not be less than that set forth in the table for a combined annual gross income of $240,000.

Maryland

If the combined income exceeds the highest level in the chart, the court may use its discretion in setting the amount of support.

Massachusetts

Where the combined gross income of the parties exceeds $135,000, or where the gross income of the noncustodial parent exceeds $100,000, the court should award support at the $135,000/$100,000 level as a minimum presumptive amount. Additional support may be awarded at court's discretion.

Michigan

In high-income cases, where total family income exceeds the income categories provided, support is calculated by the application of certain percentages.

Minnesota

Guidelines stipulate that an obligor with a monthly income in excess of the income limit provided in the chart shall pay the same dollar amount as provided in the guidelines for an obligor with a monthly income equal to the limit in effect. All earnings, income, and resources of parents is listed as a deviation factor.

Mississippi

In cases where the adjusted gross income is more than $50,000 or less than $5,000, the court shall make a written finding in the record as to whether or not the application of the guidelines established in this section is reasonable.

Missouri

Court should consider whether or not combined adjusted monthly gross income exceeds $15,000 per month when determining whether to deviate from guidelines.

Montana

There is no special provision for high income.

Nebraska

If total net income exceeds $10,000 monthly, child support for amounts in excess of $10,000 monthly may be more but shall not be less than the amount that would be computed using the $10,000 monthly income unless other permissible deviations exist.

Nevada

If a parent's gross monthly income is equal to or greater than $14,583 (highest amount listed in the guidelines), the maximum amount a parent may be required to pay is $800.

New Hampshire

Significantly high or low income of the parents is a deviation factor.

New Jersey

For parents with a combined income of $150,800, the court shall apply the guidelines up to that amount, and supplement the award with a discretionary amount based on the remaining family income. Extrapolation is expressly forbidden.

New Mexico

For gross monthly income greater than $8,300, certain percentages shall be applied depending on the number of children.

New York

Where combined parental income exceeds the dollar amount set forth in the guidelines, the court shall determine the amount of support for the amount of the combined income in excess of such dollar amount by consideration of the factors set forth in the deviation paragraph and/or the support percentage.

North Carolina

Where combined parental income is above $180,000, child support is determined on a case-by-case basis, provided that the amount of support awarded may not be lower than the maximum basic child support obligation shown in the schedule.

North Dakota

The chart provides support in cases of net monthly income over $10,000. High income is a deviation factor.

Ohio

If the combined gross income of both parents is greater than $150,000 per year, the court shall determine support on a case-by-case basis, provided that the court shall compute a basic combined obligation that is no less than the same percentage of the parents' combined income that would have been computed under the schedule for a combined income of $150,000.

Oklahoma

In the event monthly income exceeds $15,000, the child support shall be that amount computed for a monthly income of $15,000 plus such additional amount as the court may determine.

Oregon

For combined adjusted gross income exceeding $15,000 per month, the presumed basic support obligations shall be as for parents with combined adjusted gross income of $15,000. A basic child support obligation in excess of this level may be demonstrated for those reasons set forth in the deviation criteria section.

Pennsylvania

When the parties' combined net income exceeds $15,000 per month, child support shall be calculated pursuant to Melzer v. Witsberger, 505 Pa. 462, 480 A.2d 991 (1984). The presumptive minimum amount of child support shall be obligor's percentage share of the highest amount of support which can be derived from the schedule for the appropriate number of children and using the parties' actual combined income to determine obligor's percentage share of this amount. The court may award an additional amount of child support based on the parties' combined income and the factors set forth in Melzer. In a Melzer analysis case, the presumptive minimum remains applicable.

Rhode Island

For cases with a higher combined monthly adjusted gross income level than $15,000 per month, child support shall be considered on a case-by-case basis.

South Carolina

Where the combined gross income is greater than $180,000 per year, courts should determine child support on a case-by-case basis.

South Dakota

For a combined net income above the schedule, the child support obligation shall be established at an appropriate level, taking into account the actual needs and standard of living of the child.

Tennessee

In cases where the obligor's income exceeds $10,000 per month, the custodial parent must prove that child support above what guidelines require is necessary to provide for a child's needs. In such a case, the court may deviate. Requires court to consider all of an obligor's available income.

Texas

In situations where the obligor's net resources exceed $6,000 per month, the court shall presumptively apply the percentage guidelines to the first $6,000, and may order additional support. In no event may the obligor be required to pay more than an amount equal to 100% of the proven needs of the child.

Utah

If the combined adjusted gross income exceeds the highest level specified in the table, an appropriate and just support amount shall be ordered on a case-by-case basis, but the amount ordered may not be less than the highest level specified in the table for the number of children due support.

Vermont

The court may use its discretion in determining child support in circumstances where combined available income exceeds the uppermost levels of support adopted in the guideline.

Virginia

Where combined gross monthly exceeds $10,000 per month, a special formula shall apply to the amount over $10,000 per month.

Washington

When combined net income exceeds $7,000, the court may set support at an advisory amount of support set for combined monthly net incomes between $5,000 and $7,000 or the court may exceed the advisory amount of support set for combined monthly net incomes of $7,000 upon written findings of fact.

West Virginia

In the case of combined income over $15,000, the support award shall not be less than that provided at the $15,000 per month level, plus an amount determined by a formula applied to the excess over $15,000.

Wisconsin

The court may deviate from the presumptive award if it finds on the record that the order is unfair to the child or the party.

Wyoming

Where the combined income of the parents is greater than $5,885, a special formula applies.

Source: Morgan, Laura W., Child Support Guidelines, 1998 Supplement, Aspen Law & Business, New York, 1998, and 2003 update.