§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 (1988).
Whether facts constitute exceptional circumstances is a question of law. 7 H. App. 345, 764 P.2d 1250 (1988).
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 (1998).
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 (2001).
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 (2002).
Family court was not authorized to delegate to the child support enforcement agency the duty of deciding the dollar amount of child support to be paid. 112 H. 225 (App.), 145 P.3d 768 (2006).
Where family court clearly erred in its calculation of both parents' monthly gross incomes, the resulting child support award was clearly erroneous. 134 H. 431 (App.), 341 P.3d 1231 (2014).
Structure Hawaii Revised Statutes
571-1 Construction and purpose of chapter.
571-3 Family courts, divisions of circuit courts.
571-4 Family courts, circuits.
571-5 Board of family court judges.
571-6 Appointment and duties of employees.
571-8 District family courts; district family judges; appointment; sessions.
571-8.1 Qualifications; tenure; removal.
571-8.2 Salary of district family judges.
571-8.3 Disqualification; absence; vacancy.
571-11 Jurisdiction; children.
571-12 Transfer from other courts.
571-13 Retention of jurisdiction.
571-21 Complaint; investigation; petition.
571-22 Waiver of jurisdiction; transfer to other courts.
571-22.5 Appeal of waiver of jurisdiction.
571-23 Summons; notice; custody of minor.
571-24 Failure to answer summons; warrants.
571-31 Taking children into custody; release; notice.
571-31.1 Standard for detention.
571-31.2 Juvenile intake and diagnostic services.
571-31.3 Voluntary assistance.
571-31.4 Informal adjustment, law violators.
571-31.5 Informal adjustment, status offenders.
571-31.6 Informal adjustment, minor who may be both law violator and status offender.
571-32 Detention; shelter; release; notice.
571-32.1 Contract and fee-for-service accommodations.
571-33 Detention and shelter facilities.
571-34 Criminal history record checks.
571-41 Procedure in children's cases.
571-41.1 Extradition of minors to Hawaii.
571-41.2 Extradition of minors from Hawaii.
571-42 Procedure in adult cases.
571-43 Additional remedies not pleaded.
571-44 Physical or mental examination and treatment.
571-46 Criteria and procedure in awarding custody and visitation; best interest of the child.
571-46.2 Orders relating to custody and visitation cases.
571-46.4 Child custody evaluators; qualification; registry; complaints.
571-46.6 Criteria and procedure in awarding custody and visitation; disability.
571-47 Determination of parentage of child born in wedlock.
571-48.5 Probation supervision requirements.
571-48.6 Earned discharge from probation; reporting requirements.
571-50 Modification of decree, rehearing.
571-51 Support of minor committed for study or care.
571-51.5 Modification of support and visitation decrees.
571-52 Assignment by court order of future income for payments of support.
571-52.3 Immediate income withholding.
571-52.5 Guidelines to determine child support amounts.
571-52.7 Award of costs and reasonable attorneys' fees.
571-55 Certification in lieu of oath.
571-61 Termination of parental rights; petition.
571-62 Hearing; investigation and report.
571-71 Juvenile crime prevention bureau; establishment of.
571-72 Duties and powers; reports; expungement of juvenile arrest records.
571-73 No limitations on family courts.
571-74 Rules and standards; investigation and questioning; fingerprinting and photographing.
571-82 Court sessions; quarters.
571-83 Court and witness fees.
571-84.5 Support order, decree, judgment, or acknowledgment; social security number
571-84.6 Minor law violators; proceedings and records not confidential.
571-85 Authority of probation officers; additional probation officers.
571-87 Appointment of counsel and guardian ad litem; compensation.
571-88 Orders expunging juvenile arrest records.
571-89 Family court; annual report.
571-93 Duty to cooperate and disclose information.
571-94 Hearings; electronic participation.
571-95 Sole factor; effect on existing orders.
571-96 Visitation and contact.
571-97 Delegation of the deployed parent's contact rights to another.