PROBATE
AND FAMILY COURT ANNOUNCES CONFIRMATION
OF THE APPLICATION OF CHILD SUPPORT GUIDELINES
IN CASES WHERE PARTIES HAVE MADE AN AGREEMENT
The
Administrative Office of the Probate and Family Court
has announced that the one change made by Chief Justice
Mulligan, effective February 15, 2006 confirms the
application of the Child Support Guidelines when parties
have made an agreement.
Federal
law provides that in each proceeding for the award of
child support there is a rebuttable presumption that
the guidelines amount will be ordered. The rebuttable
presumption that the guidelines amount will be ordered
also applies to cases where the parties reach an agreement.
However, the parties may agree to a child support amount
different from what is provided under the child support
guidelines. As has been the case in the past, the Judges
have discretion to deviate from the presumptive guidelines
amount. Where the parties reach an agreement that provides
for an amount different than what is provided under the
child support guidelines, the Court must make written
findings that indicate (1) the amount of the order that
would result from application of the guidelines; (2)
that the guidelines amount would be unjust and inappropriate
under the circumstances; (3) that the specific facts
of the case justify a departure and (4) that such departure
is consistent with the best interest of the child.
