Does the judge have any discretion when establishing a child support obligation?
Contrary to what many believe, the courts are free to determine an amount of child support that is different from the CSSA basic child support obligation, if that amount is “unjust or inappropriate.” To do so, the court must issue a written order explaining the deviation from the basic child support obligation by listing the factors it considered and the reasons that the court did not order percentage-based child support. The statute contains a list of nine enumerated factors, one or more of which can be the basis of the deviation. In practice, however, it is rare for a court to consider the percentage-based basic child support obligation to be “unjust or inappropriate.” What other forms of support will the Court direct? In addition to periodic payments of child support, the Court can direct the parents to pay all or a portion of the cost to provide medical insurance for the child, the child’s uncovered medical expenses, as well as child care and education costs.
Related Questions
- If I have a court ordered obligation for spousal support or child support, can I have a binding verbal agreement to modify the amount without changing the order?
- If the child support debtor is current on his child support obligation and owes only future support what process is followed?
- How does the judge figure out child support?
