§576E-15 Guidelines to be followed. When an administrative order establishes or modifies the amount of child support required to be paid by a party, the guidelines established under section 576D-7 shall be applied, except when exceptional circumstances warrant departure. The most current guidelines shall be used to calculate the amount of the child support obligation. [L 1988, c 154, pt of §2; am L 1990, c 176, §21; am L 1991, c 216, §3; am L 1994, c 105, §14]
Case Notes
Father €™s due process rights not violated by child support enforcement agency when it did not notify father prior to administrative hearing that the issue was to increase father €™s child support obligation where, given that father was aware that the purpose of the hearing was the modification of father €™s child support obligation and that, absent exceptional circumstances, the hearings officer would be bound by the amount calculated by the child support guidelines worksheet, this information was sufficient notice to father that child support amount may be reduced or increased. 108 H. 202, 118 P.3d 1145 (2005).
Whether net income earned by an adult-student-son or daughter is "exceptional circumstance", discussed. 86 H. 368 (App.), 949 P.2d 208 (1997).
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
576E. Administrative Process for Child Support Enforcement
576E-2 Attorney general; powers.
576E-5 Commencement of administrative proceedings; notice.
576E-6 Request for hearing; how made.
576E-7 Failure to request hearing; effect.
576E-8 Action by agency upon request for hearing.
576E-9 Hearings in contested cases.
576E-11 Administrative orders; required findings.
576E-12 Administrative orders; force and effect.
576E-13 Appeal to the family court.
576E-14 Modification, suspension, or termination of court and administrative orders.
576E-15 Guidelines to be followed.
576E-16.5 REPEALED. L 1997, c 293, §47.
576E-17 Medical support enforcement.
576E-18 Contempt; procedure for punishment.