8 Reasons the Court Doesn't Have to Strictly Follow the Basic Child Support Guidelines

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Photo by Oakozhan/iStock / Getty Images

Photo by Oakozhan/iStock / Getty Images

Pennsylvania uses Support Guidelines (or a schedule) to provide parties with a measure of certainty about the amount of support they may have to pay or receive.  These guidelines insures that similar families who make about the same amount of money are treated about the same. There are many reasons that the court may deviate (either upward or downward) from the basic child support amount that the guidelines suggest would be the support obligation.

Generally, the trier of fact should deviate upward only when unique needs of the child are involved and downward only when the obligor can establish unique financial needs. Deviations allow the court to consider the unique circumstances of the parties in exceptional circumstances.  

In all cases, the trier of fact should consider the following deviations (Pa.R.Civ.P. 1910.16-5(b)):

  1. Unusual needs and unusual fixed obligations;

  2. Other support obligations of the parties;

  3. Other income in the household;

  4. Ages of the children;

  5. Relative assets and liabilities of the parties;

  6. Medical expenses not covered by insurance;

  7. Standard of Living of the parties and their children;

  8. Other relevant and appropriate factors, including the best interests of the children.

Other relevant and appropriate factors can include the following:

  1. Significant income of the child;

  2. Whether one or both of the parents live below the poverty line;

  3. Increased costs of older children;

  4. Responsibility of care for the parents (grandparents) of the party, etc.

When presenting these deviations, it’s important to understand that these deviations do not generally occur at the conference (or first level) level of a support case, unless by agreement. Generally, you will need to argue these issues before a hearing office (formerly called “masters”) or before a judge. You can argue that a deviation is appropriate by presenting either or both testimonial and physical evidence and sometimes even expert testimony. Failing to raise some of these issues may preclude you from arguing them at a later date.

You should speak with an attorney about the unique facts in your case to learn whether you may be entitled to a deviation from the basic child support guidelines.