Deviation From Child Support Guidelines In New Jersey
There are some exceptions that warrant deviation from the child support guidelines. Of course, the child support guidelines must be considered when an application to establish or modify child support is made by the court.
The guidelines must be used as a rebuttable resumption of what is the correct amount of support for the subject children. Because of this rebuttable presumption, the amount of deviation from the guidelines, either upwards or downwards, is limited only by the creativity of counsel and acceptances by the court.
When Are Deviations Allowed?
Deviation from the guidelines may only be permitted upon good cause shown by a party that circumstances exist that make a guidelines-based award inappropriate. Assuming a deviation from the guidelines is appropriate, in determining child support the court must, by statute, and then utilize the factors to consider in establishing child support, found in N.J.S.A. 2A: 34-23.
The guidelines are applicable up to the parties’ combined weekly net incomes of $3,600.00. There are often additional considerations for calculating child support in high-income situations.