In Massachusetts, can the courts deviate, or not follow the child support guidelines?

The answer is yes.  The court does have to make a written finding as to why they are choosing not to follow the guidelines. The most common example would be that both parties reached an agreement to deviate from the guidelines, and either above or beyond. The courts do have the authority to deviate, even if there is no agreement, if the courts think that it would be unfair and inappropriate, but there is a significant burden to find that there is a deviation.  The court has to make a specific finding claiming why the deviation is appropriate, and it is always looking at what is in the child’s best interest.

Some examples of reasons to deviate from the child support guidelines might include substantial parenting time that may not be reflected in the child support guidelines, what might be extraordinary child expenses, such as specialized educational programs, expensive extracurricular activities, or ongoing treatment. Travel and relocation costs are something, so if somebody is able to move out of state, or live a significant distance from the other party, the court may consider that as well. Sometimes, if there is a large income disparity, this is adequately addressed under the guidelines that there can be differences as well.