[§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.