Some state statutes or court rules (as well as case law) specify bases for departing from child support guidelines. The following are some common examples. (Note that specifics vary from state to state.)

[[dieresis]] Bases for Child care expenses (particularly if unusually high)

* Special education needs (e.g., private school, tutoring, speech therapy)

* Extraordinary health care needs or expenses not covered by insurance (may include psychotherapy)

* Recreational activities, including after- school activities and summer camp

* Income of new spouse (to free funds of parent to pay additional support amount for his or her child)

* Voluntary unemployment or underemployment

* Assets of parties (which may not be reflected in income of parties)

* Favorable tax consequences to obligor of property and support award (e.g., unallocated order of spousal and child support or award to obligor of the child's tax exemption)

[[dieresis]] Bases for granting support below the guideline amount:

* Unusual custody arrangements, such as split or joint custody (near- equal sharing of child- rearing duties)

* Costly transportation necessary for noncustodial parent to see the child

* High income of obligor parent (If guidelines were applied as usual, the spouse seeking support would receive funds beyond the child's reasonable needs.)

* Obligor's additional duties of support to other families, including new spouse and children

* Obligor's duty of support to elderly or disabled relatives

* Obligor's debts (particularly if the debts were incurred during a marriage to the spouse seeking support)

* Obligor's need to channel funds into a closely held business (which may eventually provide increased income for child for whom support is sought)

* Income of current spouse of custodial parent

* Property division (e.g., award to custodial parent of income- producing property or marital home with low mortgage)

* Direct payment by obligor of certain expenses (e.g., mortgage on custodial parent's home, private school tuition, summer camp, lessons, etc.)

* Payment of alimony in addition to child support

* Unfavorable tax consequences to obligor

* Significant income of the child (earned or unearned)

Copyright @ 2007 by Fathers' Manifesto & Christian Party