Judicial Discretion

[Windd]

Judge has indicated to mom that she will not have to pay the statutory guidelines(28%) for support.

Is there anyway to over come this "discretion"?  How can judge be held to honor the guideline?

I feel mom is getting a break and is basically being told she is getting a break. I am sure I would not be offered the same opportunity. The laws are written to be neutral but as always its the application of those laws that often is biased.

[socrateaser]

>Judge has indicated to mom that she will not have to pay the
>statutory guidelines(28%) for support.
>
>Is there anyway to over come this "discretion"?  How can judge
>be held to honor the guideline?

Under the Federal Law mandate, any judge who deviates substantially from the guidelines must state the reasons for doing so in writing, as to why "application of the guideline support amount would be unjust or inappropriate under the circumstances." You should make certain that the judge knows that you know the law and ask that the reasons be stated in writing, in anticipation of an appeal.

Judges know that appellate courts routinely overturn almost every possible deviation from guideline support, so if the judge knows that you will appeal the ruling, you may find that the 28% is suddenly back on the table.

Judge won't like you much, so be certain that there isn't any good reason for a deviation, before challenging the court's authority. Just because something is the law, doen't mean that the judge won't ignore it in order to coerce you a little bit.

Not that any judge would every do such a thing...riiiiight!