Deviation From Guidelines

Deviation of guidelines

Courts can deviate from percentage guidelines if they feel they are not in the best interests of the child, when determining amounts the courts can look to the following factors:

(a) the financial resources and needs of the child;
(b) the financial resources and needs of the custodial parent;
(c) the standard of living the child would have enjoyed if there were no divorce;
(d) the physical and emotional condition of the child and his or her educational needs;
(e) the financial resources and needs of the non-custodial parent.

(A)     Split, shared and joint custody may also allow the court to deviate from guidelines:
(a) Split custody: where each parent is a primary custodian for at least one child
(b) Shared Custody: where each parent has extensive parenting time with the minor.

(B)     Deviations from the Guidelines in High Income Cases: The courts can deviate from the standard guidelines where the child’s needs are being met even though the amount for child support falls below the guidelines.  The courts will also look at the kind of lifestyle the child would have enjoyed had there been no dissolution of marriage between parents.

Back to Divorce Articles