NOTICE: None of these questions and answers constitute legal advice. To obtain legal advice, consult with an attorney. This is especially important in divorce and family law matters, in which outcomes are often peculiar to the particular facts and circumstances of the case.
When the parents’ combined adjusted income is less than $30,000 per month , the result obtained by applying the guidelines is presumed to be correct and the use of the guidelines is usually required. Child support guidelines do not apply when the parents have a combined adjusted income of more than $30,000 per month . Departure from results obtained using the child support guidelines is permitted only when application of the guidelines would be unjust or inappropriate.
For example, the court may depart from the child support guidelines to cover the costs of reasonable and necessary educational programs for an academically challenged or gifted student who requires remedial tutoring or advanced programming to meet his or her particular educational needs.
Parties are not permitted to agree to waive child support. The Court’s guiding principle is the best interest of the child standard. The right to receive child support belongs to the child, rather than to the parent.
The child support guidelines do not apply when the parents have a combined adjusted income of more than $30,000 per month. In this situation, the Court will consider factors when determining the appropriate amount of child support, which include the financial circumstances of the parties, their station in life, their age and physical condition, and expenses of raising children.
