What is a deviation from the child support guidelines?
A deviation from the Child Support Guidelines is when the court considers factors other than the Massachusetts Child Support Guidelines to order a different amount of child support. This means that the court might order a parent to pay an amount of child support that is different from what the Massachusetts Child Support Guidelines says. The court considers many factors when determining whether to deviate from the Child Support Guidelines, such as the parents’ income, the age of the children, and the parenting time arrangement. In general, the court must make findings or state on the record why the court is deviating from Child Support Guidelines. The court must consider factors such as the financial resources of both parents, the financial needs of the children, any special circumstances of the case, and the best interests of the children in deciding whether to deviate. The court must also consider the ability of both parents to pay child support and must order an amount that allows both parents to meet their reasonable living expenses. When determining a deviation from the Child Support Guidelines, the court must take into account any unusual circumstances or needs of the child, including providing for the child’s educational, medical, or dental needs or providing clothing and transportation for the child. The court may also consider other factors such as whether either parent is voluntarily unemployed or underemployed. Ultimately, the court must make sure to order an amount that is in the best interest of the child.
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