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Child Support: Deviations

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  • 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.”