The Court, or the parties by agreement approved by the Court, may deviate from these guidelines and overcome the presumptive application of these guidelines, provided the Court enters specific written findings stating:
- the amount of the order that would result from application of the guidelines;
- that the guidelines amount would be unjust or inappropriate under the circumstances;
- the specific facts of the case which justify departure from the guidelines; and
- that such departure is consistent with the best interests of the child.
Circumstances which may support deviating, above or below the presumptive guidelines amount, including the minimum order amount, are as follows:
- the parties agree and the Court determines the agreement to be fair and reasonable and approves their agreement;
- a child has ongoing special needs or aptitudes with financial consequences;
- a child has ongoing extraordinary mental, physical, or developmental needs with financial consequences;
- a parent has ongoing extraordinary mental, physical, or developmental needs with financial consequences;
- a parent has extraordinary expenses for health care coverage;
- a parent has extraordinary travel or other expenses related to parenting;
- a parent is absorbing a child care cost that is disproportionate in relation to his or her income;
- a parent provides substantially less than one-third of the parenting time for a child or children;
- the payor is incarcerated and has insufficient financial resources to pay support;
- application of the guidelines, particularly in low income cases, leaves a parent without the ability to self support;
- application of the guidelines would result in a gross disparity in the standard of living between the two households such that one household is left with an unreasonably low percentage of the combined available income;
- application of the guidelines may adversely impact reunification of a parent and child where the child has been temporarily removed from the household in accordance with G. L. c. 119; and
- absent deviation, application of the guidelines would lead to an order that is unjust, inappropriate or not in the best interests of the child, considering the Principles of these guidelines.
The Task Force refined and clarified the circumstances where deviation may be appropriate. The Task Force reordered this section for clarification purposes only and not to prioritize any one factor over another. The Task Force emphasized that a deviation may be appropriate for a family and encourages the Court to deviate where circumstances require it.
The Task Force clarified in the first phrase of Section IV. B. that it is permissible to deviate to an amount below the presumptive guidelines amount. Because the deviation circumstances affect an ongoing child support award, rather than a one-time or occasional allocation, the Task Force emphasized that certain circumstances must be ongoing and with financial consequences for them to be considered appropriate for a deviation. In Section IV. B. 8., the Task Force added “substantially” to emphasize as it did it Section II. D. that a parenting plan that is in the best interest of the child is the first step in determining a child support order. The inclusion of “substantially” provides a parameter with the goal of reducing acrimony and litigation between parents regarding the interaction of the parenting plan and the amount of the child support order.
|Date published:||May 17, 2018|