Support in Hawaii

How Hawaii Calculates Child Support

Hawaii is one of only three states that uses the Melson formula to calculate child support, established under the Hawaii Child Support Guidelines (HRS Section 576D-7). The Melson formula is a more refined version of the income shares model and incorporates three distinct components that distinguish it from the standard income shares approach used by most states.

The Melson formula works in three steps:

1. Self-support reserve. Each parent is first allowed to retain enough income to meet their own basic subsistence needs. This ensures that neither parent falls below a minimum living standard as a result of a child support obligation.
2. Primary support obligation. After reserving the self-support amount, the remaining income of both parents is combined, and the primary child support obligation is calculated based on each parent’s proportional share of the remaining combined income. The primary obligation covers the child’s basic needs.
3. Standard-of-living adjustment (SOLA). If the parents’ combined income exceeds the amount needed to cover basic needs for both parents and the child, a percentage of the surplus is allocated to the child. This adjustment ensures that the child benefits from a standard of living consistent with the parents’ actual income, rather than being limited to a basic subsistence amount.

This three-step approach makes the Melson formula more responsive to each parent’s financial circumstances and ensures that children share in the standard of living of their parents while protecting each parent’s ability to meet basic needs.

For a general overview of child support calculation models, see our guide on how child support is calculated. You can also estimate your potential obligation with our child support calculator.

Income Considered

Hawaii’s guidelines consider each parent’s gross income, which includes wages, salaries, commissions, bonuses, overtime, self-employment income, pensions, Social Security benefits, workers’ compensation, unemployment compensation, rental income, dividends, interest, and other recurring income sources. Courts may impute income to a parent who is voluntarily unemployed or underemployed without good cause.

Deviations from the Guidelines

The Hawaii guidelines create a rebuttable presumption that the calculated amount is appropriate. The court may deviate if application of the guidelines would be unjust or inappropriate. Recognized deviation factors include:

• Extraordinary medical or dental expenses not covered by insurance
• Extraordinary educational expenses
• The needs of other dependents of either parent
• Shared or split physical custody arrangements
• The income and needs of the custodial parent
• The amount of public assistance received on behalf of the child
• Any other factor that would make the guideline amount unjust or inappropriate

Any deviation must be accompanied by a written finding explaining why the standard amount is inappropriate.

Modifying or Terminating Child Support

Either parent may petition for modification by demonstrating a material change of circumstances that is substantial and was not anticipated at the time of the original order. Hawaii also permits review when the existing order deviates significantly from the current guidelines calculation.

Child support in Hawaii generally continues until the child turns 18, or until age 23 if the child is enrolled as a full-time student at an accredited educational institution. Hawaii is one of a relatively small number of states that may require support through the college years. Support also terminates upon the child’s marriage or emancipation.

Enforcement of Child Support Orders

Hawaii’s Child Support Enforcement Agency (CSEA) and the courts enforce child support orders through multiple mechanisms:

• Income withholding from wages
• Interception of state and federal tax refunds
• Suspension of driver’s licenses and professional or recreational licenses
• Liens on real and personal property
• Bank account levies
• Contempt of court proceedings, which can result in fines or incarceration
• Passport denial for arrearages exceeding $2,500
• Credit bureau reporting

Arrearages accrue interest and are not subject to retroactive reduction. Modifications take effect from the date the petition is filed.

Spousal Support in Hawaii

Hawaii courts may award spousal support under HRS Section 580-47. The court exercises broad discretion and considers the totality of the circumstances. Hawaii does not use a formula for calculating spousal support amounts or duration. The primary types of support include:

• Temporary spousal support. Support during the pendency of the divorce proceedings.
• Rehabilitative spousal support. Support for a defined period to allow a spouse to obtain education, training, or work experience to achieve self-sufficiency.
• Transitional spousal support. Short-term support to help a spouse adjust to post-divorce financial circumstances.
• Permanent spousal support. Ongoing support when the receiving spouse cannot reasonably achieve self-sufficiency, typically reserved for long marriages or situations involving age or health limitations.

Factors in Spousal Support Determinations

Under HRS Section 580-47, courts consider:

• The financial resources of the party seeking maintenance
• The ability of the party seeking maintenance to meet their own needs independently
• The duration of the marriage
• The standard of living established during the marriage
• The age of the parties
• The physical and emotional condition of each party
• The usual occupation of each party during the marriage
• The vocational skills and employability of the party seeking maintenance
• The needs of the parties
• The custodial and child support obligations of each party
• The ability of the paying party to meet their own needs while providing support
• Any other factors the court deems just and equitable

When to Seek Legal Guidance

Hawaii’s use of the Melson formula for child support — a model used by only three states — creates a distinctive calculation framework that benefits from experienced legal guidance. Combined with the possibility of support through age 23 for college students and the court’s broad discretion on spousal support, Hawaii’s support laws involve specialized analysis. If you are evaluating a child support calculation or considering a spousal support claim, consider scheduling a free consultation with an experienced Hawaii family law professional.

Statutes referenced: HRS Section 576D-7 (Hawaii Child Support Guidelines / Melson formula); HRS Section 580-47 (spousal support).