When Can Judges Go Above or Below the Child Support Guidelines?
Important: This article is for general informational purposes only. It is not legal advice, and it does not replace talking to a lawyer in your state. DivorceWriter/TotalLegal is not a law firm and cannot tell you what child support number a judge will order in your specific case.
What Are Child Support Guidelines?
Every state (and Washington, D.C.) has its own child support guidelines. The guidelines are usually a formula or table that starts with:
- each parent’s income,
- the number of children, and
- some basic assumptions about expenses.
The result is a presumptive child support amount. In most cases, this is the starting point and often the ending point. But in some situations, the judge can order a different number.
What Is a Child Support “Deviation”?
A deviation is when the court orders a child support amount that is different from the guideline number. In most states, the judge has to:
- calculate the guideline amount first,
- decide that the guideline amount would be unjust, inappropriate, or not in the best interests of the child, and
- explain the reasons for choosing a different amount.
Some states have a short list of reasons. Other states have a long list of “factors” the judge may consider. The same facts might matter in several different states, but the wording and details vary.
Common Reasons Courts May Consider Adjusting the Guideline Amount
Although the details are different in every state, courts often look at similar types of facts, such as:
- Special needs or health issues for a child, including ongoing medical, therapy, or special-education costs.
- Extraordinary education expenses, such as private school, tutoring, or specialized programs.
- Very high childcare costs so a parent can work or go to school.
- Big differences in income between the parents.
- Support obligations for other children not covered by the order.
- Unusual travel costs for parenting time when the parents live far apart.
- Extended or unusual parenting time schedules (for example, when the paying parent has the children much more time than the formula assumes).
- Children’s own income or assets, in some states.
- Extreme financial hardship for a parent or the child if the guideline is used.
The chart below gives a very general overview of how each state treats deviations, and examples of the types of factors that may matter. It is not a complete list, and the wording has been simplified for easier reading.
Always check your own state’s law or talk to a lawyer if you have questions about how these rules apply in your situation.
State-by-State Overview of Child Support Deviations
| State | Examples of Factors the Court May Consider |
|---|---|
| Alabama | Special needs, health or education costs, childcare, travel for parenting time, other dependents, large income difference, written agreement approved by the court. |
| Alaska | High or low income, unusual parenting time, extraordinary expenses, child’s special needs, support for other children, extreme hardship. |
| Arizona | Extraordinary medical or education expenses, special needs, travel for parenting time, shared parenting arrangements, other children, unusual financial circumstances. |
| Arkansas | Child’s special needs, extraordinary expenses, parenting time arrangements, other dependents, large income differences, extreme hardship. |
| California | Time-share (parenting time), special needs, high costs for childcare or education, other child or spousal support obligations, very high income, extreme hardship. |
| Colorado | Child’s special medical or educational needs, extraordinary expenses, parenting time schedule, other dependents, large income differences, childcare costs. |
| Connecticut | Child’s extraordinary needs, older children with higher costs, high childcare or education expenses, health insurance, other dependents, significant income differences. |
| Delaware | Parent or child special needs, high work-related expenses, support for other children, unusual parenting time costs, hardship. |
| District of Columbia | Special medical or educational needs, high childcare costs, income differences, other dependents, travel for parenting time, unusual hardship or expenses. |
| Florida | Child’s special needs, extraordinary medical or education expenses, parenting time schedule, travel costs, other support obligations, extreme financial hardship. |
| Georgia | Extraordinary medical, dental, or education expenses, special needs, childcare, parenting time, travel costs, high or low income, other dependents. |
| Hawaii | High childcare, medical, or education costs, shared physical custody, other dependents, unusual travel costs, hardship. |
| Idaho | Extraordinary medical or education expenses, special needs, parenting time, travel, other children, income differences, unusual debts. |
| Illinois | Child’s special needs, childcare and education expenses, parenting time, travel, other dependents, substantial income differences, tax effects. |
| Indiana | Extraordinary medical, educational, or travel expenses, parenting time credit issues, other dependents, special needs, high childcare costs, agreement of the parents in some situations. |
| Iowa | Special needs, extraordinary medical expenses, other dependents, parenting time, high education or childcare costs, significant income differences. |
| Kansas | Child’s special needs, long-distance parenting time and travel, childcare and education costs, other dependents, large income differences. |
| Kentucky | Extraordinary medical or education expenses, special needs, other children, parenting time, long-distance travel, high or low income. |
| Louisiana | Child’s special needs, extraordinary medical or education costs, other dependents, travel costs, extended visitation schedules, tax impacts. |
| Maine | Special needs, extraordinary medical or education expenses, other children, travel, income differences, unusual financial circumstances. |
| Maryland | Extraordinary medical or education expenses, shared or split custody, other dependents, high childcare costs, very high or low income. |
| Massachusetts | Child’s special needs, high medical or education expenses, parenting time, travel costs, support for other children, significant income differences. |
| Michigan | Special needs or extraordinary medical expenses, high childcare or education costs, other dependents, parenting time, unusual travel costs, household income and expenses. |
| Minnesota | Child’s special needs, extraordinary medical or education expenses, parenting expense adjustment, other children, income differences, childcare costs. |
| Mississippi | Child’s special needs, extraordinary medical or education costs, other dependents, income differences, unique expenses, tax effects. |
| Missouri | Special needs, extraordinary medical or education expenses, parenting time, other dependents, childcare costs, income differences, agreed deviations in some cases. |
| Montana | Child’s special needs, extraordinary expenses, travel, other dependents, parenting time, high or low income, unusual debts or obligations. |
| Nebraska | Special needs, extraordinary medical or education expenses, parenting time, other dependents, unusual transportation costs, income differences. |
| Nevada | Child’s special needs, high medical or education costs, other dependents, parenting time and travel, high income or low income situations. |
| New Hampshire | Extraordinary medical, dental, or education expenses, high or low income, other children in the home, parenting schedule and related expenses, tax effects, economic hardship. |
| New Jersey | Extraordinary medical or special needs, high childcare or education costs, parenting time patterns, other dependents, tax effects, self-support reserve for low-income parents, in-kind support such as a car for a child. |
| New Mexico | Circumstances creating substantial hardship to a parent or child, such as high medical expenses, unusual childcare or education costs, large income differences, or other serious financial strain. |
| New York | Parents’ and child’s financial resources, child’s health and special needs, standard of living if family had stayed together, tax consequences, non-monetary contributions, income differences, other children, visitation expenses, and other relevant factors. |
| North Carolina | Child’s reasonable needs and standard of living, parents’ ability to pay, extraordinary medical or education expenses, travel costs, other dependents, shared custody situations. |
| North Dakota | Self-support reserve and hardship, child’s special needs, extraordinary medical or education expenses, travel costs, other children supported by the parent, income differences, special circumstances. |
| Ohio | Child’s special needs, other court-ordered payments, extended parenting time and travel, child’s income, income differences and poverty-level issues, in-kind support, extraordinary work expenses, other children, education costs, and other relevant factors. |
| Oklahoma | Extraordinary educational expenses (including special-needs programs), special child-rearing expenses such as camps or lessons, income differences, other children, travel costs, and agreements that benefit the child and unrepresented parent. |
| Oregon | Additional health care costs, extraordinary travel for parenting time, income disparity, self-support reserve issues, other children, child’s resources, and other equity-based factors. |
| Pennsylvania | Unusual needs or fixed obligations, other support obligations, income in the household, child’s age, parties’ assets and liabilities, uncovered medical expenses, standard of living, parenting time, and other relevant factors. |
| Rhode Island | Extraordinary medical or educational needs, high childcare costs, income differences, other dependents, travel costs, and other special circumstances. |
| South Carolina | Educational expenses, extraordinary medical expenses, child’s or parents’ assets, income differences, extraordinary consumer debt, travel costs for visitation, other support obligations, agreements in the child’s best interest, and other necessary expenses. |
| South Dakota | Parents’ financial condition and assets, child’s necessary expenses and special needs, other dependents, travel costs, work-related expenses, job-related retirement contributions, and other relevant factors. |
| Tennessee | Extraordinary medical, dental, or psychological expenses, extraordinary educational or extracurricular costs, unusual parenting time arrangements, significant income differences, other children, low-income or high-income situations, and agreed deviations in the child’s best interests. |
| Texas | Child’s age and needs, ability of each parent to contribute, child’s financial resources, parenting time, childcare costs, other children, spousal maintenance, education costs, health insurance and medical expenses, travel costs, debt and property-related cash flow, and other best-interest reasons. |
| Utah | Standard of living, parents’ income and debts, child’s special medical or educational needs, other children, travel costs for parent-time, shared or unusual custody arrangements, child’s own resources, and hardship at very high or low income levels. |
| Vermont | Financial resources of the child and parents, standard of living if the family had stayed intact, child’s physical and emotional condition and educational needs, special expenses, other dependents, travel costs, parenting time, and other relevant factors. |
| Virginia | Other support obligations, custody and parenting arrangements, imputed income or voluntary unemployment, debts, child’s financial resources, special education or health needs, in-kind support, arrears, travel costs, childcare, tax consequences, standard of living, and other best-interest factors. |
| Washington | Child’s income or benefits, extraordinary medical or special needs, extraordinary child-related expenses, residential schedule, debt and hardship, other children, tax effects, and other best-interest reasons. |
| West Virginia | Extraordinary medical, psychological, or educational needs, child’s income, parents’ extraordinary expenses, income disparity, parenting time and related costs, travel, support for other children, tax consequences, and other factors. |
| Wisconsin | Child’s income, parents’ financial resources, maintenance, each party’s own support needs and poverty level, other dependents, standard of living, childcare and caregiving value, shared placement, travel costs, child’s health and educational needs, tax consequences, earning capacity, and other relevant factors. |
| Wyoming | Child’s age, daycare costs, special health or education needs, responsibility for other children, in-kind contributions, pregnancy and birth-related costs, travel for visitation, ability to provide insurance, time spent with each parent, other necessary child-related expenses, and voluntary underemployment. |
What This Means for You
Even though every state is different, a few themes are the same almost everywhere:
- The guideline amount is the starting point, not always the end point.
- The judge usually must find that the guideline is unjust, inappropriate, or not in the child’s best interests before ordering a different number.
- The court often has to explain the reasons in writing, especially when support is higher or lower than the guidelines.
If you and the other parent are thinking about asking for a child support amount that is different from the guideline number, it may help to:
- Look at whether any of the factors listed for your state apply to your situation, and
- Talk with a local attorney if you have questions about how judges in your county usually handle deviations.
Child support is supposed to be about making sure children are taken care of. The guidelines give the court a starting point, and deviation rules let the court adjust when the standard number doesn’t really fit the child or the family.
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