Deviation by Agreement

Parents may also deviate from the guidelines by agreeing to an amount of support that is consistent with the children’s needs and best interests as they perceive them even though not precisely in accord with the guidelines. But if the parents do so agree, they must be prepared to give the court a sufficient factual basis for deviation so that the court can make findings on the record to that effect. The fact of the parents’ mutual accord to an award of child support different from the guidelines is not itself sufficient. For additional discussion of parents’ agreements, see §§4.46 – 4.50 below.

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