What will be involved in a hearing?
No, child support may be settled between you and your spouse by written agreement or it may be resolved by court order. Unless you have some such document, you will not be able to count on the facts that predetermined child support payments will be made by the non-custodial parent or, if they are not made, that parent’s obligation to do so can be enforced by the court.
Although most parties agree on child support outside of court, either party may request a hearing on child support when they cannot agree on the amount, when the parties’ combined adjusted gross income is more than $180,000 per year, or when one party is armed with other facts suggesting that deviation from the Guidelines is appropriate.
The evidence at such a hearing must address the parties’ income and expenses, the child’s reasonable needs, each parent’s relative ability to pay support, and the bases for requesting variance from the Guidelines if there is a motion for deviation. In its order, the court is required to make findings relating to the reasonable needs of the child and the ability of the parents to pay support. In addition, if the court varies from the amount prescribed by the Guidelines, the court must make findings justifying the variance.
