In most cases, the amount of child support that one parent must pay the other is determined according to a set of guidelines and a calculator that takes the parents’ incomes and other relevant factors into account. However, there are situations in which one or both parents earn substantial income, the child has atypical financial needs, or it would otherwise simply not be appropriate to apply the guidelines. In these cases, a parent may have the right to request a child support deviation order from the court.
Retaining skilled legal counsel is essential to understanding the circumstances which permit an amount other than standard child support. Whether you are the parent asking for support, or the one from whom support is requested, talk to the Kansas City child support attorneys of Joseph, Hollander & Craft to better understand what is possible and how best to approach a case with unusual child support issues.
A Brief Overview of Missouri’s Child Support Model
Missouri family courts determine a parent’s monthly obligation by using a child support calculator which incorporates a number of statutory factors and references child support guidelines established by Missouri Supreme Court rule. However, these are guidelines, not necessarily ironclad rules; that means there are cases in which the judge is allowed to deviate from the presumptive amount of child support at the request of a parent and their family law attorney.
What Does “Deviate From Guidelines” Mean?
The amount of child support that is calculated pursuant to the Missouri guidelines is “presumed,” but this presumption is rebuttable. To that end, there are some situations in which strict application of the child support guidelines would result in an amount that is unjust or inappropriate. In these cases, the judge may be allowed to deviate from (meaning, to not apply) the guidelines and to reach an amount that is higher than the standard payment.
What Is a Motion to Deviate From Child Support Guidelines?
Courts do not simply deviate from guidelines on their own, but may do so upon a motion of either parent. The court may grant the motion for an upward deviation — meaning, it may order a higher payment than would be required pursuant to the child support guidelines — if the parent who filed the motion can convince the judge that it would be unfair or inappropriate to order a guidelines amount. Regardless, it is up to the parent who wants a higher monthly payment obligation to present the evidence and arguments in favor of it.
Child Support Deviation Factors
Missouri judges who order child support deviations are required to include in their orders written findings of fact that justify their decisions. These are some factors upon which the judge may decide to deviate:
- The child has unusual but necessary expenses
- The child has unique medical or educational needs
- The parents have high incomes and expenses
- The parents have unusual travel costs due to the distance between them
- The child’s standard of living is higher or different from the norm
- The parents share joint physical custody of the child
How Our Kansas City Family Law Attorneys Can Help
We represent parents on both sides of child support deviation cases. Let us review the unique circumstances of your case and the relevant laws and procedures so we can devise a comprehensive legal strategy for you.
If Your Soon-to-Be-Ex Is Seeking Excessive Support
We take a close look at the financial needs of the child to determine if there’s truly a reasonable basis to request more than the guidelines would require. This means analyzing such factors as the parents’ and the child’s standard of living during the marriage or relationship; the actual needs of the child now versus then; and whether there is any evidence that the other parent is simply trying to obtain more money for their own expenditures.
It will likely be necessary to subpoena documents such as bank records, medical records, and income statements to get a better grasp of the parents’ ability to pay and the child’s needs. We can also use the discovery process to ask key questions and obtain documents. Depending on the circumstances of your case, it may be possible to settle the matter with the other parent out of court. Mediation can be an effective tool for resolving the case with minimal court involvement.
If Your Co-Parent Should Be Paying More
When child support orders that would be based on the guidelines would not be enough to meet the child’s reasonable needs, we argue for deviation. To support our contentions, we document exactly what the child needs and why the guidelines amount would be insufficient. We also get to work demonstrating that the other parent can afford to pay more, often by examining their personal finances and standard of living.
As with other cases involving child support deviation, our objective is to get a full view of the parents’ finances, the child’s needs, and related matters. We use subpoenas and other discovery tools effectively to argue that the other parent can afford a higher obligation. Settlement through mediation may be possible, avoiding the time and hassle of court hearings. Ultimately, we argue that a deviation is in the child’s best interests.
Experienced Counsel for Clients in the Kansas City Metro
Do you have a pending child support matter in which deviation from the standard calculation of child support is on the table? If so, it’s time to retain a seasoned law firm that understands the law and is ready to advocate for you and your child. That firm is Joseph, Hollander & Craft. For your convenience we have offices located in Kansas City, Lawrence, Overland Park, Topeka, and Wichita. Contact us today to get started on your case.
