When calculating child support the court is given discretion to deduct from the parent’s net disposable income when the parent is experiencing extreme financial hardship. The term used for this is “hardship deduction”.
The court has discretion to allow a hardship deduction in cases of extreme financial hardship caused by health expenses, uninsured loss or due to an obligation to support children from other marriages or relationships who reside with the parent.
Health Expenses & Uninsured Loss
The health expenses must be extraordinary, and the parent must be financially responsible for it before the court can consider allowing a hardship deduction. In cases of uninsured loss, the said loss must be catastrophic.
Children from other Marriages
The hardship deduction for support given to children from other marriages can be made after any hardship deduction for extraordinary health expenses or uninsured losses are already deducted. The maximum hardship deduction for each child who resides with the parent may equal, but not exceed, the support allocated to each child subject to the order. For purposes of calculating this deduction, the amount of support per child established by the Statewide Uniform Guideline is the total amount ordered divided by the number of children.