What is a child support deviation?

A child support deviation means that the courts have decided that there are legitimate reasons for the amount of child support ordered to differ from what would be the standard in New Jersey based on the parents’ income and the usual factors. In most cases, one or both parties must request the deviation and show evidence to support the request. The courts do not usually look at whether a deviation should be done until the request comes through.

While it is very common for people to request a child support deviation for various reasons, the request must be rooted in the statutes set forth in the New Jersey code. Common reasons include time spent with the child, unusual expenses associated with the child or the parent paying the child support contributing to the child’s expenses outside of the child support.

If the request is not based on one of the statutes or the petitioner does not have the evidence or documentation to show that the reasons for the request are valid, the courts are likely to dismiss the request. This is one reason why it is important to go through an attorney for these matters. A family law attorney can help you understand whether you have a basis for a child support deviation request and let you know what kind of documentation you need so you can be fully prepared for the hearing.

Child support is often one of the most contentious aspects of a divorce or separation, and if the child support amount is changed, it could result in one of the parties attempting to retaliate by denying visitation or increasing conflicts. An attorney can also help you anticipate these types of issues and let you know what to do if the problems continue.

Source: New Jersey Courts, “New Jersey Rules of Court Appendix IX-A,” accessed July 08, 2015