[§571-52.5]  Guidelines to determine child
support amounts.  When the court establishes or modifies the amount of
child support required to be paid by a parent, the court shall use the
guidelines established under section 576D-7, except when exceptional circumstances
warrant departure. [L 1986, c 332, pt of §4]



 



Case Notes



 



  Agreement to pay all post-high school education expenses is
not an exceptional circumstance allowing lower child support payment than
specified in guidelines; guidelines do not take precedence over the parties'
agreement to pay more than the guidelines specify, but they do take precedence
over the parties' agreements to pay less.  7 H. App. 221, 751 P.2d 93.



  Whether facts constitute exceptional circumstances is a
question of law.  7 H. App. 345, 764 P.2d 1250.



  Neither expenses for a second vehicle nor preschool expenses
of another child of non-custodial obligor parent supported a finding of
exceptional circumstance.  88 H. 456 (App.), 967 P.2d 653.



  Assuming arguendo that this section and §584-15 embrace the
same subject matter, it cannot be said as a matter of statutory construction
that this section ousts §584-15 in the matter of past child support; §584-15(d)
affords the court discretion to limit past child support to a proportion of the
expenses already incurred on behalf of the child that it deems just.  98 H. 58
(App.), 41 P.3d 720.



  With the consent of the payor-parent, the family court is
authorized to enter an order barring the payor-parent, for a period of three
years, from seeking a reduction in court-ordered child support.  101 H. 37
(App.), 61 P.3d 548.



  Family court was not authorized to delegate to the child
support enforcement agency the duty of deciding the dollar amount of child
support to be paid.  112 H. 225 (App.), 145 P.3d 768.