I had never heard of the three-pony rule until I read a story on law.com today. The rule was invoked by the New Jersey Court of Appeals in a ruling overturning the decision of a trial court judge, of Essex County, NJ, awarding Jean Strahan child support in the amount of about $215,00/year. Jean’s ex-husband had retired from playing professional football.
For most couples in most states child support is determined based on a formula, which depends on both parents’ income. But Essex County NJ Superior Court Judge James Convery based his child support award order in this case by taking the ex-wife’s list of needs and making the father pay 91% of them. These “needs” consisted of, among other things:
“the children giving their nanny a 10-day vacation in Jamaica; diamond jewelry for their grandmother; $30,000 yearly for landscaping expenses; $36,000 a year for “equipment and furnishings”; and $3,000 yearly for audio visual equipment. Jean set their clothing needs at $27,000 a year, since the children needed new outfits every time they saw their father and one of them demanded a new purse every time she left the house.”
The New Jersey Court of Appeals balked at sticking the father with the bill for this life of luxury, saying “[T]he court made no distinction between what needs were reasonable, given the age of the children, and what simply amounted to a ‘fourth pony,’”
“no child, no matter how wealthy the parents, needs to be provided [with] more than three ponies.”
The Appeals Court also overturned the trial court’s sticking the father with the ex-wife’s legal fees. The two had signed a prenuptial agreement providing that there would be no award of alimony or legal fees.
The Appeals Court’s ruling, while certainly a welcome relief for men in New Jersey, doesn’t mean this ex-husband is out of the woods yet. The Appeals Court remanded the case back to the trial court and refused to transfer it to a different judge. If I were the husband I wouldn’t be opening a bottle of champagne. Judge Convery will now have to determine which of the expenses are reasonable. And if I’m any judge of New Jersey divorce court judges, he will conclude most of the mother’s list of expenses is reasonable and will liberally dispense the father’s income to the mother.
The mother’s attorney seemed to agree. “Jean Strahan’s lawyer is likewise optimistic. ‘We’re glad Judge Convery is remaining with these issues….’ “
This story is a good rebuttal to those people who have no sympathy for husbands, saying if they were too stupid to get a prenup, they deserve what the court gives them (or rather takes from them). This guy was prudent enough to get a prenup. But prenups don’t affect child support. And we see that, at least in many cases, child support can effectively serve as alimony.
No children need over $600,000/year. And the checks aren’t written to the children. Most of this money would be used to subsidize the mother’s life of luxury.
And one more point. Did we need one more reminder that all guys should leave New Jersey. If you get divorced, you will almost certainly be reduced to indentured servitude. New Jersey is one of the worst states in the country for guys.
