Current through 2024-51, December 18, 2024
Section 144-351-7-4 - DEVIATION FROM SUPPORT GUIDELINES (19-A M.R.S. section 2007)A. A party seeking deviation from the support guidelines shall have the burden of overcoming the presumption ( 19-A M.R.S. §2005 and § 2007 [1]) that the parental support obligation derived from the support guidelines is equitable and just, by providing written proposed findings showing that the application of the presumptive amount would be inequitable or unjust. To meet this burden a party must present evidence satisfying the criteria set forth in 19-A M.R.S. §2007(3). If a party presents evidence in support of a deviation, a request by the other party or the Department for a continuance to enable it to oppose the proposed deviation shall be granted.B. Nothing in subsection A. is intended to affect the role, authority or responsibility of a hearing officer under Regulation V(D)(1)(d) and Regulation V(D)(1)(f) of the Department's Administrative Hearings Manual.C. To meet the requirements of 19-A M.R.S. §2006(8)(F), if a finding is made under 19-A M.R.S. §2007(1), the specific rationale for the deviation shall be part of the written decision which establishes or modifies the child support award. In addition to the other requirements for decisions establishing or modifying child support awards, a decision establishing or modifying a child support award under 19-A M.R.S. §2007 shall include a statement of: 1. The amount of support that would have been required under 19-A M.R.S. §2006; and 2.. How the decision varies from the support guidelines, including: a. the justification of how the finding serves the best interests of the child(ren); and,b. in cases where items of value are conveyed in lieu of a portion of the child support presumed under the support guidelines, the estimated value of items conveyed.10- 144 C.M.R. ch. 351, § 7-4