State

Low Income Guideline

Alabama

The court may use its discretion in determining child support in circumstances where combined adjusted gross income is below the lowermost levels of the schedule.

Alaska

In cases where the obligor parent's income is below poverty level as set forth in the Federal Register, $9,870 in 1997, the court may deviate, but may not order support less than $50 per month.

Arizona

Child support awards based upon income of less than $650 per month shall be based on the facts of the individual case and shall be consistent with the theory of the guidelines and the factors set forth in A.R.S. § 25-320.

Arkansas

No provision for low income.

California

In cases where the net disposable income of the obligor is less than $1,000 per month, the court shall rule on whether a low-income adjustment shall be made.

Colorado

The judge may use his judicial discretion in determining child support in circumstances where a parent is living below subsistence level, except that a minimum child support payment of $20 to $50 per month shall be required.

Connecticut

Income below the basic guideline schedule is a deviation factor.

Delaware

Legal presumption that no child support order be less than $65 per month.

District of Columbia

Where the noncustodial parent earns less than $7,500 per year, the amount of support ordered is in the court's discretion, but shall in no event be less than $50 per month.

Florida

For combined monthly available income less than the amount in the basic guideline schedule, the court shall determine support on a case-by-case basis.

Georgia

Low income is listed as a deviation factor.

Hawaii

A total monthly child support obligation greater than 70% of the support obligor's available income for primary support is an exceptional circumstance warranting deviation.

Idaho

There is a rebuttable presumption that in cases of low income, a minimum amount of support should be at least $50 per month.

Illinois

Low income is listed as a deviation factor.

Indiana

For obligors with combined weekly adjusted income of less than $100, the court shall determine support on a case-by-case basis, with support in a range of $25 to $50 per week. A specific amount of child support should always be ordered.

Iowa

Where the noncustodial parent's income is less than $500 per month, appropriate support shall be $50 per month for one or two children, $75 per month for three or more children.

Kansas

For combined gross monthly income below the poverty level, a chart is provided, with a $7 minimum for one child.

Kentucky

Low income is listed as a deviation factor.

Louisiana

If the combined adjusted gross income of the parties is less than the lowest sum shown on the schedule, the court shall determine an amount of support based on the facts of the case.

Maine

If the annual gross income of a nonprimary care provider is less than poverty level, support shall not be more than 10% of that parent's weekly gross income.

Maryland

Where combined adjusted income is less than $500 per month, support shall be $20 to $50, based on resources of the parent.

Massachusetts

Where the noncustodial parent's income is less than $125 per week, support shall be $50.

Michigan

Where the noncustodial parent earns $149 or less per week, he or she will pay 10% of income for support.

Minnesota

Where the net income of the obligor is less than $550 per month, the order shall be based on the ability of the obligor to provide support.

Mississippi

In cases where the adjusted gross income is less than $5,000, the court shall make a written finding in the record as to whether or not the application of the guidelines established in this section is reasonable.

Missouri

No direct statutory provision. Case law, however, provides that the court may deviate upon good cause.

Montana

A minimum support obligation is calculated by a special formula.

Nebraska

It is recommended that even in very low income cases, a minimum support of $50 be set.

Nevada

Notwithstanding the formulas provided, the minimum support order shall be $100 per month per child, unless the court makes written findings for a deviation.

New Hampshire

The court shall order a minimum support order of $50 per month in cases of low income. Significantly high or low income of the parents is a deviation factor.

New Jersey

The guidelines do not apply to persons whose net income is $160 per week, but the court must order at least $5 per week.

New Mexico

For gross monthly income less than $600, the court shall determine support on a case-by-case basis, with a minimum support order of $100. Where, however, the support order is more than 40% of gross income, there is a presumption in favor of deviation.

New York

Where the amount of support awarded would reduce the noncustodial parent's income below the poverty level, support shall be $25 or $50, depending on the self-support reserve and poverty level.

North Carolina

For obligors with an adjusted gross income of less than $700, the guidelines require the establishment, absent a reason for deviation, of a minimum order of $50.

North Dakota

Where the obligor's net monthly income is $100 or less, the court shall establish a minimum support obligation on a case-by-case basis.

Ohio

Where combined gross income is less than $6,600 per year, support is determined on a case-by-case basis.

Oklahoma

For combined gross monthly income under $650, the presumptive minimum support award is $50 per month.

Oregon

There shall be a rebuttable presumption that the noncustodial parent has the ability to pay at least $50 per month as child support.

Pennsylvania

When the obligor's net income is below $750 per month, a minimal support order shall be entered on consideration of the obligor's reasonable living expenses.

Rhode Island

For obligors with a combined adjusted gross income of less than $500 per month, support is determined on a case-by-case basis, with support ranging from $20 to $50 per month.

South Carolina

In cases where the parents' combined monthly gross income is less than $500 per month, the support shall be determined on a case-by-case basis, with a minimum order of $50 per month.

South Dakota

A minimum obligation of $43 is established on the chart, but the court may deviate due to the financial condition of the parties.

Tennessee

No provision for low income.

Texas

The ability of parents to contribute to support of the child, and financial resources available for the support of the child, are listed as deviation factors.

Utah

If the monthly adjusted gross income of the obligor is $649 or less, support shall be calculated on a case-by-case basis, but the support award shall not be less than $20.

Vermont

If the noncustodial parent's income is less than the lowest income figure or less than the self-support reserve, the court shall use its discretion in determining support, and shall require support in a nominal amount.

Virginia

Financial resources and needs of the parents is listed as a deviation factor.

Washington

For income less than $600 per month, the obligation is based on the resources and living expenses of each household. Minimum support shall not be less than $25 per child per month, except when permitted by statute.

West Virginia

The guidelines do not apply to combined adjusted gross monthly income under $550. In the case of combined income under $550, the support obligation shall be $50 per month or an amount determined by the court. Low income is listed as a deviation factor.

Wisconsin

Low income is listed as a deviation factor.

Wyoming

Where the combined income of the parents is less than $732 per month, the support obligation of the noncustodial parent is 25% of net income, but in no event shall the support obligation be less than $50 per month.

Source: Morgan, Laura W., Child Support Guidelines, 1999 Supplement, Aspen Law & Business, New York, 1999.