While every case in family court presents different facts, there is a statutory presumption that the Child Support Guidelines should be utilized.   While this presumption is rebuttable, the Court Rules require that the Child Support Guidelines be used in every child support case, whether establishing or modifying an award of child support.   (i.e., unless a party can prove that unique facts and circumstances in his/her case make utilization of the Child Support Guidelines inappropriate or inequitable, the Court must use the Child Support Guidelines to calculate the Child Support award.)

Unique facts/circumstances which warranty avoidance of the Child Support Guidelines (to be discussed infra).