Thank you for your patience; there are several instances in the statute that allows for the court to consider housing expenses that are paid by the obligor
, yet isn't included in the child support order. these expenditures can be considered to justify a devaition from the child support guidelines
. Guidelines can be rebutted pursuant to section 1240-2-4-.07 at page 30 - so long as the child's minimal needs, including housing, are taken into account. Based on that alone, the statute does allow deviation. Other areas that allow it to be taken into account are:section 1240-2-4-.01 (page 3) which states:(3) The major goals in the development and application of these Guidelines are, to the extent possible, to: (a) Decrease the number of impoverished children living in single parent families
; (b) Make child support awards more equitable by ensuring more consistent treatment of persons in similar circumstances while ensuring that the best interests of the child in the case before the tribunal are taken into consideration; Also please see page 10: (b) Child Support Schedule Assumptions. 1. The Child Support Schedule is based on the combined Adjusted Gross Income of both parties. 2. Taxation Assumptions. (i) All income is earned income subject to federal withholding and the Federal Insurance Contributions Act (FICA/Social Security). (ii) The alternate residential parent will file as a single wage earner claiming one withholding allowance, and the primary residential parent claims the tax exemptions for the child. (iii) The Schedule’s combined obligation includes the tax adjustments for federal withholding and the Federal Insurance Contributions Act (FICA/Social Security). 3. The Schedule is based upon the 1996-1999 Consumer Expenditures Survey, conducted by the U.S. Bureau of Labor Statistics, and updated to 2003 levels by adjusting for the rise in the Consumer Price Index since 1996. 4. Basic Expenses. (i) The Schedule assumes that all families incur certain child-rearing expenses and includes in the basic child support obligation (BCSO) an average amount to cover these expenses for various levels of the parents’ combined income and number of children. The bulk of these child-rearing expenses is comprised of housing, food, and transportation. The share of total expenditures devoted to clothing and entertainment is also included in the BCSO, but is relatively small compared to the other three items. Also page 13, which includes in income:(xviii) Gifts that consist of cash or other liquid instruments, or which can be converted to cash; So all of these give the court discretion to deviate from the statutory guideline amount precisely because, as you pointed out and as addressed in the statute, housing is a substantial child rearing cost for which support is ordered. Further questions? Please post here to continue the chat. Satisfied? Kindly rate positively so I receive credit for assisting you.(no additional charges are incurred). Information provided is for educational purposes only. Consultation with a personal attorney is always recommended so your particular facts may be considered. Thank you and take care.