Frequently Asked Questions
This answer requires a lengthy answer. Although the guidelines are to be presumptively used in calculating child support, the presumption is rebuttable. A party may seek a deviation by the court from the guidelines. To accomplish this deviation, a party must prove certain things to the court. First, the party must provide evidence regarding the reasonable needs of the child for support and the relative ability of each parent to provide support. Next, the party must convince the court by the greater weight of the evidence that application of the guidelines would:
a. Not meet the reasonable needs of the child considering the relative ability of each parent to provide support; or
b. Exceed the reasonable needs of the child considering the relative ability of each parent to provide support; or
c. Otherwise be unjust or inappropriate.
If the court is convinced that a deviation from the guidelines is appropriate, it must make written findings:
a. Stating the amount of the supporting parent’s presumptive child support obligations determined pursuant to the guidelines;
b. Determining the reasonable needs of the child and the relative ability of each parent to provide support;
c. Supporting the court’s conclusion that the presumptive amount of child support determined under the guidelines is inadequate or excessive or that application of the guidelines is otherwise unjust or inappropriate; and
d. Stating the basis on which the court determined the amount of child support ordered.