How is a deviation from the presumptive guideline calculated?
In Massachusetts, a deviation from the presumptive guideline child support amount is calculated when a parent believes that the support amount listed in the basic guidelines should not be the amount thepaying parent is expected to pay. This deviation is based on both parties’ incomes, assets, and any extraordinary expenses that have been identified. In order to deviate from the presumptive guideline amount, the court must first consider a few different criteria. Firstly, the court must determine if the proposed deviation is in the best interest of the child or children and if it is fair to both parties. The court will also consider the parties’ standard of living during the marriage, the age and health of the children, and any special expenses related to the children, such as extracurricular activities. Once the court has determined that a deviation is in the best interest of the child and is fair to both parties, the court will consider any additional financial resources available to either parent. This includes income from investments, rental properties, or similar. The court may also take into account any taxes the paying parent is responsible for and any additional support obligations the parent may be ordered to pay. Once the court has taken all of these factors into consideration, it will then make a decision on the amount of the deviation and order the paying parent to pay a certain amount of child support that is different from the presumptive guideline amount.
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