Current through Register Vol. 47, No. 12, December 22, 2023
A. The Child
Support Guidelines are available to be used for temporary and permanent orders,
actions for separate maintenance and support, divorce and child support awards.
Additionally, the guidelines are to be used to assess the adequacy of
agreements for support and encourage settlement of this issue between parties.
1. In any proceeding in which child support
is an issue, the amount of the award which would result from the application of
these guidelines is the amount of the child support to be awarded. However, a
different amount may be awarded upon a showing that application of the
guidelines is inappropriate. When the court orders a child support award that
varies significantly from the amount resulting from the application of the
guidelines, the court shall make specific, written findings of those facts upon
which it bases its conclusion supporting that award.
2. In cases where the parents' combined
monthly gross income is less than $750.00, the guidelines provide for a
case-by-case determination of child support, which should ordinarily be set at
no less than $100.00 per month. In those cases, the court should take care to
award an amount of child support that would not jeopardize the ability of the
parent with the legal obligation to pay support to live at a minimum level of
subsistence. However, the guidelines encourage that a specific amount of child
support always be ordered to establish in the payer's mind the principle of the
parent's obligation to pay as well as lay the basis for increased/decreased
orders if income changes in the future.
3. These guidelines provide for calculated
amounts of child support for a combined parental gross income of up to $30,000
per month, or $360,000 per year. Where the combined gross income is higher,
courts should determine child support awards on a case-by-case basis.
B. Deviation from the guidelines
should be the exception rather than the rule. When the court deviates, it must
make written findings that clearly state the nature and extent of the variation
from the guidelines. These Child Support Guidelines do not take into account
the economic impact of the following factors which can be possible reasons for
deviation.
1. Educational expenses for the
child(ren) or the spouse (i.e., those incurred for private, parochial, or trade
schools, other secondary schools, or post-secondary education where there is
tuition or related costs);
2.
Equitable distribution of property;
3. Consumer debts;
4. Families with more than six
children;
5. Unreimbursed
extraordinary medical/dental expenses for either parent, or extraordinary
travel expenses for court-ordered visitation;
6. Mandatory deduction of retirement pensions
and union fees;
7. Child-related
unreimbursed extraordinary medical expenses;
8. Monthly fixed payments imposed by court or
operation of law;
9. Significant
available income of the child(ren);
10. Substantial disparity of the parents'
incomes;
11. Alimony. Because of
their unique nature, lump sum, rehabilitative and reimbursement alimony may be
considered by the court as a possible reason for deviation from these
guidelines;
12. Agreements Reached
Between Parties. The court may deviate from the guidelines based on an
agreement between the parties if both parties are represented by counsel or if,
upon a thorough examination of any party not represented by counsel, the court
determines the party fully understands the agreement as to child support. The
court still has the discretion and the independent duty to determine if the
amount is reasonable and in the best interest of the child(ren).
Amended by State Register
Volume 18, Issue No. 5, eff May 27, 1994; State Register Volume 23, Issue No.
3, eff March 26, 1999; State Register Volume 30, Issue No. 6, eff June 23,
2006; State Register Volume 38, Issue No. 3, eff March 28,
2014.
