Support Guideline 6. Additional
Commentary Additional Commentary is
offered to assist courts, practitioners and litigants in the application
of the guidelines.
Commentary
Page 28 “Split
or Joint Custody. The Child Support Guidelines worksheet does not address
the problem of establishing a support order in split or joint custody
situations. Infinite
possibilities exit in terms of time spent with each parent, travel between
parents, and other considerations. The
Guidelines are based on the economic assumption that the children live in
one household only.”
"In addition to the economic aspects of visitation, a high value
should be placed on visitation between the child(ren) and the noncustodial
parent. In the vast majority of cases, maintaining a close
relationship and frequent contact between the child(ren) and both parties
is recognized as being in the best interest of the child. Therefore,
courts should consider deviation form the Guidelines when it will
encourage visitation."
Flexibility Versus the Rebuttable Presumption Page
8
2.
“Situations Calling for Deviation. An infinite number of
situations may prompt a judge from the Guideline amount.
For illustration only, not as a complete list, the following
examples are offered:” ·
“The noncustodial parent purchases
school clothes.” ·
“The noncustodial parent has
extraordinary medical expenses for himself or herself.”
·
“The children spend substantially
more time with the noncustodial parent than in the average case.”
·
“One of the parties is required to
travel an unusually long distance in the course of employment on a regular
or daily basis and incurs an unusually large expense for such travel.”
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