What is a Low-Income Adjustment?

Do you have concerns about meeting your child support obligation because of your income? Is it possible to take low income into account and lower your child support amount?

Yes, you can lower your child support amount by using the mandatory Low-Income Adjustment.

On January 1, 2026, the new Low-Income Adjustment replaced the old Low-Income Deviation. The purpose of the new adjustment is to decrease the child support amount based on a parent's low-income (if applicable). Unlike the old Low-Income Deviation, which was discretionary (meaning the court or jury could consider a downward deviation due to low income if doing so was consistent with the best interests of the child), the new Low-Income Adjustment is mandatory and must be taken in the consideration (if applicable) when calculating child support.

The new Low-Income Adjustment now has an accompanying low-income adjustment table. To use the table, you determine the parent's individual monthly adjusted gross income. Next, you find the monthly adjusted gross income amount on the table and match that amount with the number of children at issue. The adjustment number will be based on the monthly adjusted gross income and the number of children.

For example, if a parent's monthly adjusted gross income is $1,800.00 and they have 2 minor children, then looking at the table, the child support obligation for that parent would be the lesser of $456.00 or that parent's presumptive amount of child support for two minor children.

Unlike the new adjustment, the previous Low-Income Deviation was discretionary and it gave the court or jury wide discretion to decide whether or not a downward adjustment was appropriate. In that situation, the non-custodial parent could ask for a Low-Income Deviation, but only if he or she shows the court that either of the following circumstances apply:

• The non-custodial parent has no earning capacity or ability to earn income
• The non-custodial parent's presumptive child support obligation would create an extreme economic hardship for that parent.

While the new Low-Income Adjustment gives less discretion to judges and juries, it gives more precision to the calculation of a downward adjustment by including an accompanying table to use.