Potential Triggers For Child Support Deviation

Law Blog

Child support deviation is a situation where the amount of child support awarded is different from the figure suggested by the standard child support calculation formula. The deviation can either be upwards or downwards. Here are some of the things that may trigger child support deviation.

Upward Deviation

An upward deviation from the standard formula may be possible if:

The Child Has Special Health Needs

In this case, a deviation from the formula may be called for so that the additional funds are used the child's health. This is particularly possible if the existing health insurance doesn't cover all the costs of the child's health needs. An example is if the child has a congenital disease that can only be managed but not cured.

The Child Has Extraordinary Education Needs

The government recognizes the value of education so extraordinary education needs may increase the awarded child support. For example, if your child has a recognized piano talent and needs piano lessons, the child support may be increased to pay for the lessons.

The Noncustodial Parent is not Honoring the Visitation Schedule

An upward deviation may also be called for if the noncustodial parent is not honoring the visitation schedule, leaving the child to spend more time with the custodial parent than scheduled. In this case, an upward deviation may be necessary to help the custodial parent take care of the child during the additional time.

Downward Deviation

A downward deviation from the standard formula may be possible if:

The Custodial Parent's Partner is Chipping In

Child support money is meant to take care of the child, and nothing more. This means the funds may not be needed in their entirety if the custodial parent has remarried and their partner is a generous soul who loves taking care of their stepchild. Child support will not be eliminated, but it may be downgraded a bit.

The Child Has Some Money of Their Own

It may also b possible to downgrade child support if the child has some money of their own. The implication here is that some of the child's money may be used to take care of them. Maybe the child has a side business, won the lottery or is gifted with a talent (say music) that earns them considerable money.

The Custodial Parent is Not Honoring the Visitation Schedule

Lastly, it may also be possible to downgrade the child support if the custodial parent is letting the noncustodial parent spend more time with the kid than was agreed in the visitation schedule. Maybe the agreement was to have the noncustodial parent have the child one day every week, but the custodial parent often does a disappearing act and leaves the noncustodial parent with the child for a whole week or so.

For more information, contact your local divorce attorney.


2 May 2018