Departure from the Guidelines

The Code allows the judge to deviate from the guidelines but requires a written explanation of the reasons for not following them. The Code lists the factors that can justify a departure. They are:

1. Actual support for other family members.
2. The custody arrangements, including the cost of travel for visitation.
3. The income that a party who is voluntarily unemployed or under-employed could earn.
4. Debts incurred during the marriage for the benefit of the child.
5. Direct payments ordered by the court for the benefit of the child such as life insurance, or education expenses.
6. Extraordinary capital gains such as capital gains resulting from the sale of the marital home.
7. Any special needs of a child resulting from any physical, emotional, or medical condition.
8. Money that the children have in their own right, such as a trust fund.
9. The standard of living the family enjoyed during the marriage.
10. The earning capacity, obligations and needs, and financial resources of each parent.
11. Provisions made with regard to marital property.
12. The tax consequences to the parties regarding claims for dependent children and child care expenses.
13. A written agreement between the parties that includes the amount of child support.
14. Such other factors as are necessary to consider the equities for the parents and children.