Child Support Deviations
While incomes will both be used to help determine child support for each parent, deviations will play a part as well. Child Support Deviations will be a part of the process when calculating the child support amount. Deviations adjust the amount of child support either upward or downward depending on the type of deviation. Deviations are a tool used to balance out the difference in incomes between the two parents. There are two types of deviations contained in the Child Support Calculator. Those are mandatory and non-mandatory.
Just like the name suggest mandatory deviations must be inputted into the Child Support Worksheet. The two mandatory deviations are work-related child care expenses and health insurance premium deviation. The yearly amount of these two deviations will be added into the worksheet for each of the parents. For example, if the children have insurance through the father, the amount he pays for their health insurance premium will be inputted. The Mother’s side of the deviation will be 0 since she does not provide the health insurance for the children. See our articles on Work-Related Childcare Expenses Deviation and Health-Care Expenses Deviation articles to learn more about the specifics of each of the mandatory deviations.
There are many non-mandatory deviations. Some of those are related to health and life insurance, alimony, mortgages, extraordinary expenses, parenting time and non-specific deviations. Non-Mandatory deviations are left up to the judge to grant whether they are in the best interest of the minor children.
Parenting time deviation is one of most common non-mandatory deviations you will see. As it has become more frequent for both parents to have a significant amount of parenting time. The parenting time deviation will decrease the amount of child support for the non-custodial parent. Therefore, the non-custodial parent will be responsible for the argument of why the parenting time deviation should be granted. The deviation is unique in that it is one of the few deviations that is in favor of the non-custodial parent. For the parenting time deviation to be granted it must be shown that it will not inhibit the custodian’s parent ability to care for the children. If you are wanting to speak with one of our experienced Family Law attorneys about your child support matter, give us a call toll-free at 866-527-2630 to set up a consultation.