Section YAE.09.12 — Deviation

(a) There is a rebuttable presumption that the award of child support pursuant to the guidelines listed above is appropriate. However, the Tribal Court may consider a deviation from the child support guidelines only after considering specific factors in this section. The Court must find by the preponderance of evidence that use of the guidelines is not in the best interests of the child and unfair to either of the parties. Any basis for a deviation from the guidelines must be included in the written order for support.

(1) The financial resources of the child and or both parents.

(2) Maintenance received by either parent.

(3) The needs of each party in order to support himself or herself at a level equal to the federal poverty guidelines.

(4) The needs of any person other than the child, whom either party is legally obligated to pay support.

(5) The desirability of the custodial party to remain in the home as a full-time parent.

(6) Extraordinary travel expenses incurred in exercising the right to periods of physical placement.

(7) The physical, mental and emotional needs of the child.

(8) The child's educational needs.

(9) The tax consequences to each party.

(10) The best interests of the child.

(11) The earning capacity of each parent, based on each parent's education, training and work experience and the availability of work in or near the parent's community.

(12) The agreement of the parties for a deviation.