NEW FACTORS FOR UPWARD OR DOWNWARD DEVIATION IN CALCULATING CHILD SUPPORT
August 29, 2012 § Leave a comment
Significant amendments to the child support guidelines went into effect May 22, 2012, and I don’t think most attorneys are aware, because I don’t hear any proof addressing them in cases I try.
The amendments were to MCA 43-19-103, which sets out the bases that the court may use to deviate from the statutory child support calculation guidelines.
(i) Payment by the obligee of child care expenses in order that the obligee may seek or retain employment, or because of the disability of the obligee.
(j) Any other adjustment which is needed to achieve an equitable result which may include, but not be limited to, a reasonable and necessary existing expense or debt.
So if you represent a payee, you need to highlight those daycare expenses necessary for employment, have your client talk about its impact on her budget, and have her ask specifically for the court to take it into account in calculating child support. And disability of the payee is now a factor.
Also look at subsection j. It can be used by either payer or payee. Many families have significant debt incurred for the household, and the party who will have to pay it can look for some relief under this provision.
While you’re at it, check out all of the deviation factors. I hear a lot of cases where I never even hear any of them mentioned.
The Better Chancery Practice Blog 
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