In our sample, judges awarded child support obligations outside the statutory guidelines in 37% of the IV-D cases and 57% of the private cases. Judges departed from guidelines for several reasons; in many cases, the parents reached a settlement agreement that did not adhere to the guidelines.
Judges express a need for the guidelines to better address low-income families, parents with multiple families, and the amount of time children are presumed to spend in the custody of each parent.
Proposed legislative changes to the guidelines would increase support obligations for 70% of the IV-D and 40% of the private child support cases sampled. While this increase could provide more support to children, it could also worsen the problem of support non-payment. According to judges, low-income families have difficulty paying the current guideline amount. Of those cases whose obligation would increase under proposed legislation, almost three-quarters of the IV-D and one-third of the private cases have joint incomes of less than $2,000 per month.
Related Reports
Child Support Enforcement Demonstration Projects Show Mixed Results, But Should Be Continued
Report 98-39 January 1999
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