Child support/deviations

Hi. My soon to be ex is in the marital home and I am living with my parents temporarily. We are about to go to court over temporary child support. My soon to be ex is struggling to make the mortgage payment alone and is running a negative budget right now without paying any support. Will the judge take into account his financial situation when making a judgment. I make around $48,000 and he makes $41,000. He is trying to get the house ready to sell, but has not got it on the market despite being in the home for four months. Will a judge deviate from the guidelines in a case like this to give the parent with more housing expenses a break. I would love to get a house too, but I am in limbo waiting to see if child support will come through and what kind of debt I will be left with once the house sells.

Normally the judge will only look to the parties’ incomes, child-care expenses, and insurance costs for the children when determining support. Your soon to be ex can make a motion to deviate, but these are normally only granted when it can be proven that the children’s needs are LESS than what the guidelines provide, that is rate, especially in a case where the combined income is 89k.

Thanks so much for your reply. My son is a child living with autism as well. He has therapy expenses. Do I have to propose a deviation for these expenses, or is the fact that they are already in my child support affidavit enough?

                                                  Thanks again

The expenses for his therapy should be included as “extraordinary expenses” in the child support calculation.