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When can a judge deviate from the child support “guidelines”?

5/20/2015

 
11.   When can a judge deviate from the child support “guidelines”?

            KRS 403.211 tells us the guideline amount creates a “rebuttable presumption” as to child support.  It goes on to say that a judge can deviate from the guideline amount where their application would be unjust or inappropriate.  The language of the statute seems to contemplate deviation in "extraordinary" situations, and the statute says that the judge gets to decide what is “extraordinary” in his or her discretion.

            Specific findings are required for any deviation, and it has to be based on one of the following criteria:

            (a) A child's extraordinary medical or dental needs;

            (b) A child's extraordinary educational, job training, or special needs;

            (c) Either parent's own extraordinary needs, such as medical expenses;

            (d) The independent financial resources, if any, of the child or children;

            (e) Combined monthly adjusted parental gross income in excess of the Kentucky child support guidelines;

            (f) The parents of the child, having demonstrated knowledge of the amount of child support established by the Kentucky child support guidelines, have agreed to child support different from the guideline amount. However, no such agreement shall be the basis of any deviation if public assistance is being paid on behalf of a child under the provisions of Part D of Title IV of the Federal Social Security Act; and

            (g) Any similar factor of an extraordinary nature specifically identified by the court which would make application of the guidelines inappropriate.

            The most common deviation I saw as a judge was when the parties had agreed to an amount of child support different from the guideline amount.  It is important to note that the parties must acknowledge an understanding of the guideline amount in order to qualify for this deviation, so a worksheet, with accurate information as to the parties' gross income, will still be required.

            We will talk specifically in Lesson 12 about the deviation when the parties have combined monthly gross income that exceeds $15,000 per month. 

            I can tell you from experience that unless the parties have combined monthly gross income of more than $15,000 per month, deviation from the guidelines is pretty rare unless the parties can demonstrate an understanding of what the guidelines would call for and they have agreed to a deviation.

            Now you know a little bit about deviation from the child support guidelines – have a great day!


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    Judge John Schrader is a Husband, a Father, and a Lexington Attorney providing legal and mediation services in the office of Sherrow, Sutherland & Associates, P.S.C.

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    CHILD SUPPORT TABLE OF CONTENTS
    1. Who is required to pay child support in Kentucky?
    Publish Date: April 29, 2015
    2. What do I do to obtain a Kentucky Child Support Order?

    Publish Date: April 29, 2015
    3. How is child support calculated under the guidelines?
    Publish Date: April 30, 2015
    4. What is considered “gross income” for child support calculations?
    Publish Date: May 5, 2015
    5. How do I find out what the other parent's income is?
    Publish Date: May 6, 2015
    6. What about income from self-employment or business income?
    Publish Date: May 7, 2015
    7. What if a parent is voluntarily unemployed or underemployed?
    Publish Date: May 13, 2015
    8. What if one parent is paying maintenance?
    Publish Date: May 13, 2015
    9. Is there an adjustment to a parent's "gross income" if he or she is supporting a prior-born
    child?

    Publish Date: May 13, 2015
    10. What happens in a split custody arrangement where Sissy lives with Mother and Jr. lives with Father?
    Publish Date: May 20, 2015
    11. When can a judge deviate from the child support “guidelines”?
    Publish Date: May 20, 2015
    12. When the parents' combined monthly adjusted gross income exceeds $15,000 per month, how is child support calculated?
    Publish Date: May 20, 2015
    13. How does Kentucky law deal with the big-ticket item of childcare expense?
    Publish Date: May 27, 2015
    14. Do parents have to maintain private health insurance for their child, and if so, who pays
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    Publish Date: May 27, 2015
    15. Who pays for deductibles and co-pays and how do we deal with extraordinary medical expenses not covered by the insurance?
    Publish Date: May 27, 2015
    16. How does a parent actually recover the proportionate share of extraordinary medical expenses from the other parent?
    Publish Date: June 3, 2015
    17. What if I find out the other parent has not been paying for childcare even though I have been paying for my share?
    Publish Date: June 3, 2015
    18. How do I get a modification of child support in Kentucky?
    Publish Date: June 3, 2015
    19. When does child support terminate?
    Publish Date: June 10, 2015
    20. Is a Wage Assignment Order required for child support in Kentucky?

    Publish Date: June 10, 2015
    21. What does the court do about child support when the child spends a considerable amount of time with both parents?
    Publish Date: June 10, 2015
    22. What is involved in collection of child support?
    Publish Date: June 17, 2015
    23. How does the law deal with enforcement of the child support order when my ex and I
    live in two different states?

    Publish Date: June 17, 2015
    24. If Kentucky does not have jurisdiction over the other parent of my child, what is the UIFSA process to deal with establishment, enforcement and modification of child support
    orders?

    Publish Date: June 17, 2015
    25. What about parents who were not husband and wife to each other when their child was
    born?

    Publish Date: June 24, 2015
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