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There are exceptions to the
mandate that the Court implement “guideline” or
“Dissomaster” child support reached through the algebraic
formula. Those exceptions are where
the parents stipulate to an amount either above or below the guideline, or,
where one or both of the parents are extraordinarily high earners such that
the guideline amount would yield an amount far in excess of the child’s
needs. There are strict obligations
imposed both upon the Court and the parties in cases of exceptions to the
guideline. For example, in cases where
the parties stipulate to an amount different than the guideline the Court
must find what the guideline would be and that parties must acknowledge that
they are informed agree that they are fully informed of their rights
concerning child support, that the stipulated amount is in the best interest
of the minor child, that the stipulation was reached without coercion or
duress, that the needs of the minor child will be adequately met, that the
right to support has not been assigned to the County, and that no public
assistance application is pending. In the case of an
“extraordinarily high earner”, the high earner has the burden of
proving that the guideline formula is unjust or inappropriate because it
exceeds the child’s reasonable needs, and that a downward adjustment is
consistent with the child’s best interests. The high earner must stipulate that he or
she has the ability and willingness to pay any reasonable support amount. Absent an agreement
or other circumstances such as an incapacitated adult child, the statutory
duty normally terminates when a child reaches age 18, however, as to any
unmarried 18-year old child who is a full-time high school student and who is
not self-supporting, the duty continues until the child completes the 12th
grade or reaches age 19, whichever occurs first. A Judgment for child support is enforceable
until paid in full even after the child reaches age 18. |
Attorneys at Law: |
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