Child Support: When State Guidelines Don’t Fit

The child support guidelines have become more of the rule than the exception in determining the amount of support to be paid. However, they are not set in stone, and each state allows variation from the guidelines. Judges must justify any deviation in a written finding. Among the justifications judges may use are:

  • The overall financial situation of one spouse
  • The net income of the parent after required withholdings.
  • The number and needs of other dependents of a parent.
  • The physical, mental, and emotional health needs of the child.
  • The child’s standard of living during the marriage.
  • The custody or visitation arrangement, such as summers with noncustodial parent.
  • The cost of child care required to allow a parent to work.
  • The tax consequences to each party.
  • The children’s cost of living as a result of moving to a new state.

While many people focus on the simple calculation provided by their state’s guidelines, an experienced lawyer will consider the whole picture, and may be able to justify a substantial variance from the guidelines. Upward deviation typically occurs in families of wealth, or in families where the children have unusual needs. Downward deviation typically occurs when either the custodial parent does not require the full guideline amount to meet the child’s reasonable needs, or when the noncustodial parent does not have the ability to pay the amount dictated by the guidelines.

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