How can we help?
Popular searches: KB Main Page, AI Chat, Widgets
Child Support: Deviations
- Guidelines calculation is a rebuttable presumption
- After rigid calculation is made, Court can consider whether to deviate to a lower or higher obligation.
- Calculation is rigid, humans and families are complicated
- Deviation is intended to encourage prompt and regular payment and to prevent either parent/child living in poverty.
- Deviation factors must include:
- All income/resources of parents
- Extraordinary needs (physical, emotional, educational) of child
- Standard of living child would enjoy if parents lived together
- If child lives in foreign country with higher or lower cost of living
- Which parent receives income tax credit
- Parents debt
- Parents support obligations exceed Consumer Credit Protection Limits (“CCPA”)
- Can only withhold up to 65% of obligors income
- If Public Assistance is Open and there is payment assigned to the public authority (meaning the standard CS calculation has the parent paying the county for a portion) then the “Court may not … deviate downward … unless the court specifically finds failing to deviate downward would impose an extreme hardship on the obligor.”