What is a deviation from the child support guidelines?

In Nebraska, a deviation from the child support guidelines is when a court decides that an amount of child support different from what is calculated under the guidelines should be paid. This deviation can happen when a court finds that paying the guideline amount would be unjust or inappropriate. This usually occurs when issues are present that are not adequately provided for in the child support guidelines. This could be things like a higher cost of living, substantial non-recurring expenses, a higher income for one parent, or a parent’s ability to over-earn income, among other things. A court may also deviate from the child support guidelines if the court finds that the application of the guidelines would be inappropriate or unjust due to factors such as the age of the child, the parent’s special needs, or any special circumstances that may affect the outcome of the case. In these cases, the court will deviate from the guidelines if it finds that neither parents’ standard of living should be reduced. Additionally, if a court finds that the application of the guidelines would work an undue hardship on a parent, it may also deviate from the guidelines. The court will carefully consider if any of these factors are present before deciding whether a deviation from the guidelines is appropriate.

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