Archer v. Archer

Archer v. Archer, 1991 OK CIV APP 28, 813 P.2d 1059, involved an appeal from the original decree of divorce. The evidence in Archer was that the husband's income was at least $ 18,500 per month. Id. at 1060. The trial court determined that the high income was an extraordinary circumstance which excused compliance with the child support guidelines. Id. The trial court ordered the husband to pay $ 900 per month per child, for a total monthly obligation of $ 2,700. In his appeal, the husband argued that the trial court could only exceed the maximum amount provided by the guidelines if "exceptional needs" were shown. Id. The Archer court explained that child support in high income cases must be determined on a case by case basis, with the minimum support award being the capped amount under the guidelines. Id. at 1061. The court explained that the trial court is not limited to considering the child's bare bone needs, but may also consider the payor parent's affluent lifestyle in determining the proper amount of support. Id. The court noted that the husband's share of the total child support would be 80% and that, based on the amount the husband was ordered to pay, the total child support amount would have been $ 3,375. Id. at 1062. The court noted that the evidence presented showed that the children had a monthly need of $ 3,669, and therefore concluded that the amount awarded was not against the clear weight of the evidence. Id.