Low-Income Adjustment to Child Support
The low-income adjustment can alter the final amount of child support produced by the Guideline formula. However, this adjustment can be incorrectly applied and should only be utilized by a family law attorney or your County Family Law Facilitator’s office. If you believe you qualify for a low-income adjustment to child support, consider contacting your County Family Law Facilitator’s office for free procedural assistance.
Less Than $1,500
The low-income adjustment applies when the net disposable income of the parent paying child support is less than $1,500. If this is the case, there exists a rebuttable presumption that the parent is entitled to a low-income adjustment.
If the other party fails to rebut this presumption, the court will reduce the presumed child support amount that is no greater than the low-income adjustment.
Take note that the low-income adjustment computed by the Guideline formula is merely the ceiling or the maximum amount by which the court can deduct child support. The court can reduce the support by a lesser amount if the facts warrant.
The presumption of a low-income adjustment is rebuttable, and it may be rebutted by the parent receiving child support by presenting evidence showing that the application of the adjustment would be unjust and inappropriate. In determining whether or not the adjustment would be unjust and inappropriate, the court is guided by the same statutory principles used in the statewide uniform guidelines.