§571-52.5 - Guidelines to determine child support amounts. - Hawaii Statutes

     [§571-52.5]  Guidelines to determine child support amounts.  When the court establishes or modifies the amount of child support required to be paid by a parent, the court shall use the guidelines established under section 576D-7, except when exceptional circumstances warrant departure. [L 1986, c 332, pt of §4]

 

Case Notes

 

  Agreement to pay all post-high school education expenses is not an exceptional circumstance allowing lower child support payment than specified in guidelines; guidelines do not take precedence over the parties' agreement to pay more than the guidelines specify, but they do take precedence over the parties' agreements to pay less.  7 H. App. 221, 751 P.2d 93.

  Whether facts constitute exceptional circumstances is a question of law.  7 H. App. 345, 764 P.2d 1250.

  Neither expenses for a second vehicle nor preschool expenses of another child of non-custodial obligor parent supported a finding of exceptional circumstance.  88 H. 456 (App.), 967 P.2d 653.

  Assuming arguendo that this section and §584-15 embrace the same subject matter, it cannot be said as a matter of statutory construction that this section ousts §584-15 in the matter of past child support; §584-15(d) affords the court discretion to limit past child support to a proportion of the expenses already incurred on behalf of the child that it deems just.  98 H. 58 (App.), 41 P.3d 720.

  With the consent of the payor-parent, the family court is authorized to enter an order barring the payor-parent, for a period of three years, from seeking a reduction in court-ordered child support.  101 H. 37 (App.), 61 P.3d 548.

  Family court was not authorized to delegate to the child support enforcement agency the duty of deciding the dollar amount of child support to be paid.  112 H. 225 (App.), 145 P.3d 768.