Brother of a Different Mother

Much attention has been given in the last two weeks to the disclosure that former California Governor Arnold Schwarzenegger fathered a child with the family's housekeeper, and kept that information a secret from his now-estranged wife, Maria Shriver. Most of the focus in regard to this story has been about the impact of the disclosure on Schwarzenegger's family with Maria. One can only imagine how shocking it had to be, not only to Maria, but also to the children, to learn that all of this time both Schwarzenegger and the housekeeper kept the fact of the boy's parentage a secret from Schwarzenegger's family. There has also been attention placed on the fact that the child born of the housekeeper, Mildred Baena, is almost exactly the same age as Schwarzenegger's youngest son. These two boys grew up simultaneously, not knowing that they were related. What has not been given much attention in the media, however, are the financial implications of this situation as they concern child support and the question of whether Baena has relinquished large amounts of child support that her son is entitled to the benefit of.

California law provides that children are to share in the lifestyle of their parents. Appellate court decisions have addressed the fact that in the case of a parent who is an extraordinarily high earner, child support awards can often allow the other parent to enjoy a better lifestyle as a result. While some states, such as New York, put caps on the amount of child support that can be ordered payable by a parent, California does not. In a state like California, with its concentration of celebrities and high-tech entrepreneurs, child support awards in the thousands of dollars per month per child are not unheard of. In fact, it is these types of people that have given rise to the development of various California appellate court decisions over the years, upholding high child support orders entered against extremely wealthy fathers. Schwarzenegger would easily fit into that category.

More...