CHILD SUPPORT GUIDELINES

It is a rebuttable presumption that the amount of child support calculated pursuant to the most recent revision of the Family Support Chart is the amount of child support to be awarded in any judicial proceeding for divorce, separation, paternity, or child support. The court may grant less or more support if the evidence shows that the needs of the dependents require a different level of support.

Income Which Exceeds Chart:
When the payor's income exceeds that shown on the chart, use the following percentages of the payor's weekly or monthly income as defined to set and establish a sum certain dollar amount of support:
        One dependent: 15%
        Two dependents: 21%
        Three dependents: 25%
        Four dependents: 28%
        Five dependents: 30%
        Six dependents: 32%

For self-employed payors, support shall be calculated based on last year's federal and state income tax returns and the quarterly
estimates for the current year. Also the court shall consider the
amount the payor is capable of earning or a net worth approach
based on property, life-style, etc.

Imputed Income:
If a payor is unemployed or working below full earning capacity, the court may consider the reasons therefore. If earnings are reduced as a matter of choice and not for reasonable cause, the court may attribute income to a payor up to his or her earning capacity, including consideration of the payor's life-style. Income of at least minimum wage shall be attributed to a payor ordered to pay child support.

Spousal Support:
The chart assumes that the custodian of dependent children is employed and is not a dependent. For the purposes of calculating temporary support, a dependent custodian should be counted as two dependents as a guide in determining support. For final hearings, the court should consider all relevant factors, including the chart, in determining the amount of any spousal support to be paid.

Health Insurance:
In addition to the award of child support, the court order shall provide for the child's health care needs, which would normally include health insurance if available to either parent at a reasonable cost.

DEVIATION CONSIDERATIONS FOR NOT FOLLOWING THE CHART:
Relevant factors to be considered by the court in determining
appropriate amounts of child support shall include:
1. Food;
2. Shelter and utilities;
3. Clothing;
4. Medical expenses;
5. Educational expenses;
6. Dental expenses;
7. Child care;
8. Accustomed standard of living;
9. Recreation;
10. Insurance;
11. Transportation expenses; and
12. Other income or assets available to support the child from
whatever source.

Additional factors may warrant adjustments to the child support
obligations and shall include:
1. The procurement and/or maintenance of life insurance, health
insurance, dental insurance for the children's benefit;
2. The provision or payment of necessary medical, dental, optical, psychological or counseling expenses of the children (e.g. orthopedic shoes, glasses, braces, etc.);
3. The creation or maintenance of a trust fund for the children;
4. The provision or payment of special education needs or expenses of the child;
5. The provision or payment of day care for a child;
6. The extraordinary time spent with the noncustodial parent, or
shared or joint custody arrangements; and
7. The support required and given by a payor for dependent children, even in the absence of a court order.

Last Updated:  May 1, 2001