This past week the world learned that during his marriage, Arnold Schwarzenegger fathered a child with a member of his household staff. The child is now 13 years of age. In addition to the child support which Arnold will be responsible for paying for the four children of his marriage, he is also responsible for the payment of child support for this 13-year old.
Again, if this situation had occurred in Canada, because the boy's mother is the primary residence parent, Arnold would be responsible for paying support to her on a monthly basis as determined by the Child Support Guidelines. As was discussed with respect to Arnold's other children, the amount of support is to be determined on the actor/former Governor's annual income, which is likely highly in excess of $150,000.00 per year. In these situations, the Court has the discretion to order an amount higher than determined by the Guidelines if it is decided that this amount is inappropriate in the circumstances. The Court would then make a determination of child support by considering the following:
- the amount as outlined by the Guidelines Table for the first $150,000.00 of income;
- the amount the Court considers to be appropriate having regard to the condition, means, needs and other circumstances of the child and the financial ability of each parent to contribute to the support of the child; and
- the amount for any special and extraordinary expenses for the child.
Again, as it is likely that Arnold makes in excess of $150,000.00 per year, a Court might consider, that a strict approach in using the Guidelines Table amount is inappropriate and instead determine a figure which it believes to be closer to what he should be paying to support the child that he fathered with the member of his household staff. It should be noted that there have been no reports that Arnold has not been providing any support to the mother of the boy for his care and upbringing, however, there also have not been any reports confirming that he has.
There have also been reports that this boy is not the only child that Arnold fathered outside of his marriage. It will be interesting to watch this story unfold as Arnold will be held responsible for paying support for any and all children which are determined to be his.