9-14-106. Noncustodial parents — Amount of support — Definition.

9-14-106. Noncustodial parents — Amount of support — Definition. (a)(1)(A) In determining a reasonable amount of support initially or upon review to be paid by the noncustodial parent or parents, the court shall refer to the most recent revision of the family support chart. (B) It shall be a rebuttable presumption for the award of child support that the amount contained in the family support chart is the correct amount of child support to be awarded. (C) Only upon a written finding that the application of the family support chart would be unjust or inappropriate as determined under established criteria set forth in the family support chart shall the presumption be rebutted. (D)(i) The incarceration of a parent shall not be treated as voluntary unemployment for purposes of determining a reasonable amount of support either initially or upon review. (ii) As used in subdivision (a)(1)(D)(i) of this section, “incarceration” means a conviction that results in a sentence of confinement to a local jail, state or federal correctional facility, or state psychiatric hospital for at least one hundred eighty (180) days, excluding credit for time served before sentencing. (2)(A) The court may provide for a partial abatement or reduction of the stated child support amount for any period of extended visitation with the noncustodial parent. (B) The court shall consider whether an adjustment in child support is appropriate, giving consideration to the fixed obligations of the custodial parent that are attributable to the child, to the increased costs of the noncustodial parent associated with the child's visit, and to the relative incomes of both parents. (C) Abatement or reduction of the chart amount and justification of the abatement or reduction shall be clearly set forth in the written findings of the court. (D)(i) The noncustodial parent shall provide written notification within ten (10) days, when abatement or reduction of child support should occur due to extended visitation, to the clerk of the court responsible for receipt of the child support payment, the noncustodial parent's employer, if income withholding is in effect, and the Office of Child Support Enforcement of the Revenue Division of the Department of Finance and Administration when applicable. (ii) It is the responsibility of the noncustodial parent to notify the clerk of the court responsible for receipt of the child support payment, the noncustodial parent's employer, if income withholding is in effect, and the office, when applicable, when abatement or reduction should stop and payment of child support should resume. (E) If the noncustodial parent fails to exercise extended visitation periods, the child support shall not be abated or reduced. (b) Subsequent to the finding by the court that the defendant should be ordered to pay support for the minor child, the court shall follow the same procedure and requirements as set forth in the laws of this state applicable to child support orders and judgments entered by the circuit courts in cases involving separation or divorce between the parents of the child.