Do we have to follow the child support guidelines?
Yes, in most cases. The right to receive the legal amount of
support belongs to the child, not to the receiving parent. If the parents agree
on a child support amount that's lower than what the child support guidelines
provide, they must have a very good reason. The child support amount must be
approved by a judge, who will review the reason(s) and determine whether it is
in the child's best interest to allow a lower amount. (Judges have no reason to
object to a higher amount.) For example, the cost of living in Santa Fe is
high, and the court may grant a "hardship" deviation from the guideline
amount.
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