(20-108.1)

The Code allows the judge to deviate from the guidelines but requires a written explanation of the reasons for not following them. The Code lists the factors that can justify a departure. They are:

1. Actual support for other children or other family members.
2. The custody arrangements.
3. The income that a party who is voluntarily unemployed or under-employed could earn.
4. Debts incurred during the marriage for the benefit of the child.
5. Debts incurred for production of income.
6. Direct payments ordered by the court for the benefit of the child such as health insurance, life insurance, or education expenses.
7. Extraordinary capital gains such as capital gains resulting from the sale of the marital home.
8. The age, physical and mental condition of the child including extraordinary medical or dental expenses or child-care expenses.
9. Money that the children have in their own right, such as a trust fund.
10. The standard of living the family enjoyed during the marriage.
11. The earning capacity, obligations and needs, and financial resources of each parent.
12. The education and training of the parties and the ability and opportunity of the parties to secure such education and training.
13. The contributions (both in money and otherwise) of each party to the well-being of the family.
14. What was done with respect to the marital property.
15. The tax consequences to the parties regarding claims for dependent children and child care expenses.
16. A written agreement between the parties that includes the amount of child support.
17. Any interim order specifying the amount of child support that the parties may have agreed to.
18. Such other factors, including tax consequences to each party, as are necessary to consider to insure fairness.