Deviations

After the “standard calculation” is established, the court may increase or decrease the support by deviating up or down from the standard calculation. Deviations are limited to appropriate circumstances. There is virtually no limit to the facts that can underlie the court’s basis for a deviation and so it is important to consult with an experienced family law attorney to determine the strength of your deviation argument. Some of the factors the court can consider when deviating are: a) income of other spouses b) non-reoccurring overtime c) involuntarily incurred debt d) the amount of time the children spend with the paying parent and e) support paid to support children from other relationships. Parents cannot simply agree what a deviation should be – the court must make findings why a deviation from the standard calculation is appropriate.