Can the Courts diviate from the Child Support Guidelines?
In general the Courts have the discretion to deviate upward or downward 5% and if they want to diviate more than that there needs to be legally sufficient reasons put forth by the Court. It’s relatively rare that the Courts deviate more than 5% from the guidelines, although it can be done in exceptional circumstances. One example of this may be where a child has special needs such as the need for costly medication. Other examples of when a deviation can occur are when a parent spends a “significant” or “substantial” period of time with the children, or conversely, when that parent does not spend much time with the children. There is also the question of whether the existence of “subsequent” children (ie children living with a parent who were born or adopted after the support obligation arose) is justification to deviate from the child support guidelines.
