Each state has specific guidelines that it uses to calculate child support. You can even find online tools that you can use to calculate the child support payable in your state. However, these calculators assume every situation is the same, which is not always the case. Fortunately, state laws allow judges to deviate from the general guidelines in some circumstances. Below are some of these circumstances. 

Income-Need Imbalance

Two forms of income-need imbalance can trigger a deviation from the state's guidelines.

1. The Parent Can Afford It: In this case, the non-custodial parent has an extremely high income or high-value assets. Such a parent can afford to pay much more than the state guidelines may order. The child deserves to live the best life their parent can afford. Thus, the judge may order a higher amount than what the state's guidelines prescribe.

2. The Guideline Amount Exceeds the Need: In this case, the state guidelines yield a high amount that exceeds the child's needs. Don't forget that child support is meant for the welfare and needs of the child. Amounts that exceed the child's needs are not necessary.

Special Needs or Interest

Some children have special needs or interests that the guideline amounts cannot satisfy. Here are some of those cases:

• The child has a physical disability, such as vision impairment
• The child is gifted or has a special talent that requires special education or training
• The child participates in a sporting activity that incurs regular expenses

In such a case, the non-custodial parent has to shoulder some of the expenses related to the special need or interest.

Inability to Pay

In rare cases, the guideline calculation might yield an amount that the noncustodial parent cannot pay. Here are a couple of examples of such cases:

• The non-custodial parent earns extremely little money and doesn't have the skills or education to increase their income
• The noncustodial parent has other financial obligations that they must meet, such as ongoing medical expenses

In either of these cases, the judge is likely to order a child support amount lower than what the guideline prescribes. However, the judge may also set a review date with the hope that the non-custodial parent's income shall have improved by then.

Unrealized Income Potential

Lastly, the judge can also deviate from the child support guidelines if the noncustodial parent has unrealized income potential. The deviation is even more likely if the noncustodial parent has decided not to pursue higher income or is actively avoiding high-income jobs.

An example is if a college professor quits their job to become a clerk at a local store. In such a case, the judge may still use the calculations they would have used if the professor didn't quit their job. The imputed calculations will yield a higher figure than the guideline prescribes for a store clerk.

For more information about child custody, contact divorce attorneys like Robert E Long & Associates, Ltd.