Recently, in Kincheloe v. Kincheloe, _ N.C. App. _ (June 15, 2021), the North Carolina Court of Appeals engaged in a lengthy discussion of the law relating to the entry of orders that deviate from the Child Support Guidelines, giving me an excuse to post this short review of that law. To summarize at the beginning of my post rather than at the end, there are two key points to keep in mind when entering child support orders. First, any provision in an order that contradicts or is different than the specific terms or instructions in the Guidelines constitutes a deviation, and second, any deviation must be supported with detailed findings of fact regarding the reasonable needs of the children and the relative ability of the parents to pay support. Continue Reading
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Tag: deviation