How is a deviation from the presumptive guideline calculated?

Deviating from the Michigan child support presumptive guideline is a way to adjust payment amounts if needed. The court may determine that a family has a unique situation and needs a custom arrangement regarding child support. This is done by calculating a deviation from the presumptive guideline, allowing for a family to set an amount tailored to their needs. The process of calculating a deviation begins with consideration of the facts of the individual case including the needs of the child, the ability of each parent to pay, and other relevant factors. The court may then adjust the amount of child support the non-custodial parent pays. This adjustment must be based upon a consideration of the statutory factors that must be included when determining child support as outlined by Michigan law. In Michigan, the factors the court must consider to determine whether or not a deviation from the presumptive guideline is appropriate include, but are not limited to: the financial resources of the parents, the financial needs of the child, the standard of living the child would have enjoyed if the parents had remained married, the age of the child, the educational needs of the child, and possible health care costs. The court must also consider whether the age and number of children in the family warrant an adjustment. Depending on the facts, these considerations may result in an increase or decrease of the guideline amount. A deviation must be based on a finding of good cause which must be supported by evidence presented in court. It is important to note that deviations are not made lightly and require the help of an experienced attorney for the best results.

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