Do Courts Deviate from Child Support Guidelines?

While it is possible for the court system to deviate from the Child Support Guidelines, it would take extraordinary circumstances to do so. In general, they can deviate within a margin of five percent upwards or downwards if there is an abundance of legal reasons why they should do so.

Courts can and have gone beyond the five percent deviation, but only in rare cases.

For example, if a child has special needs and demands costly medication, the court would have more than sufficient reason to go beyond the five percent deviation.

Another situation that might demand a deviation from the guidelines is when one parent spends a significant amount of time with the children, or if they do not spend hardly any time with the children. This can cause a judge to amend child support payments to compensate for time spent (or absent) from the child.

If you are confused about child support payments it is time to consult with a knowledgeable family lawyer now before you agree to something that you don't understand completely.