§576D-7  Guidelines in establishing amount
of child support.  (a)  The family court, in consultation with the agency,
shall establish guidelines to establish the amount of child support when an
order for support is sought or being modified under this chapter.  The
guidelines shall be based on specific descriptive and numeric criteria and
result in a computation of the support obligation.



The guidelines may include consideration of the
following:



(1)  All earnings, income, and resources of both
parents; provided that earnings be the net amount, after deductions for taxes,
and social security.  Overtime and cost of living allowance may be deducted
where appropriate;



(2)  The earning potential, reasonable necessities,
and borrowing capacity of both parents;



(3)  The needs of the child for whom support is
sought;



(4)  The amount of public assistance which would be
paid for the child under the full standard of need as established by the
department;



(5)  The existence of other dependents of the obligor
parent;



(6)  To foster incentives for both parents to work;



(7)  To balance the standard of living of both parents
and child and avoid placing any below the poverty level whenever possible;



(8)  To avoid extreme and inequitable changes in
either parent's income depending on custody; and



(9)  If any obligee parent (with a school age child or
children in school), who is mentally and physically able to work, remains at
home and does not work, thirty (or less) hours of weekly earnings at the
minimum wage may be imputed to that parent's income.



(b)  The guidelines shall be:



(1)  Applied statewide;



(2)  To simplify the calculations as much as
practicable;



(3)  Applied to ensure, at a minimum, that the child
for whom support is sought benefits from the income and resources of the
obligor parent on an equitable basis in comparison with any other minor child
of the obligor parent;



(4)  Established by October 1, 1986; and



(5)  Transmitted to the agency and all family court
judges when available or updated, and shall be considered by the judges in the
establishment of each child support order.



(c)  The family court, in consultation with the
agency, shall update the guidelines at least once every four years.



(d)  The establishment of the guidelines or the
adoption of any modifications made to the guidelines set forth in this section
may constitute a change in circumstances sufficient to permit review of the
support order.  A material change of circumstances will be presumed if support
as calculated pursuant to the guidelines is either ten per cent greater or less
than the support amount in the outstanding support order.  The most current
guidelines shall be used to calculate the amount of the child support
obligation.



(e)  The responsible or custodial parent for
which child support has previously been ordered shall have a right to petition
the family court or the child support enforcement agency not more than once
every three years for review and adjustment of the child support order without
having to show a change in circumstances.  The responsible or custodial parent
shall not be precluded from petitioning the family court or the child support
enforcement agency for review and adjustment of the child support order more
than once in any three-year period if the second or subsequent request is
supported by proof of a substantial or material change of circumstances. [L
1986, c 332, pt of §2; am L 1987, c 305, §1; am L 1990, c 176, §7; am L 1991, c
216, §1; am L 1992, c 115, §1 and c 246, §1; am L 1997, c 293, §28 and c 294,
§2]



 



Case Notes



 



  Family court's discretion in ordering child support was
substantially reduced by guidelines.  7 H. App. 171, 749 P.2d 478.



  Noncustodial parent's current financial situation should have
been considered.  8 H. App. 446, 808 P.2d 1279.



  Amended child support guidelines established pursuant to
section include categories of primary child support, standard of living
adjustment, and private education expense.  9 H. App. 184, 828 P.2d 1291.



  Whether net income earned by an adult-student-son or daughter
is "exceptional circumstance", discussed.  86 H. 368 (App.), 949 P.2d
208.



  In the case of a self-employed parent, there should be
careful scrutiny by agency/courts as to the reasonableness and appropriateness
of business decisions that lessen the amount of income available for child
support.  87 H. 178 (App.), 953 P.2d 209.



  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.



  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.



  Where mother had a right to petition the child support
enforcement agency (CSEA) for a review of the child support amount, pursuant to
subsection (e) and 45 C.F.R. §§303.2(b), 303.4(c), 303.8 and 302.33, family
court abused its discretion by ordering CSEA to close its case on father.  118
H. 268 (App.), 188 P.3d 782.