The CSSA reflects that children are entitled to share in the income and standard of living of both parents, even if they no longer live together. Where the Family Court Support Magistrate or the Matrimonial judge decides child support, the court is required to use the CSSA in all child support determinations. Under the CSSA, the court first determines combined parental income and then allocates to the first $183,000 of combined parental income a percentage to child support. If this yields an unjust or inappropriate award, the court may deviate upward or downward from the CSSA. For the amount of parental income over $183,000, the court has discretion to apply the statutory percentage. Alternatively, it can apply statutory factors for varying the award. The court must articulate the reasons for the method used. However, where litigants settle their case by agreements, or "stipulations," rather than by court order, parents may "opt out," or waive the strict application of the CSSA. Parents can decide together on the amount of support, as long as the children's needs are being met, and the parents acknowledge an awareness of the applicable CSSA figures, and that the award is appropriate. A custodial parent cannot waive child support altogether. The law provides for a minimum order of $25 per month. Thus, all parents with a child support matter must "run the numbers" and make a decision on what's best for their children. This analysis may not be waived. Family Court orders on consent and divorce stipulations on child support must contain language on the parties' income and the application of the CSSA, and whether the award conforms or deviates from the CSSA guidelines. The courts will not accept an agreement without the correct recitations.
The opt-out agreement must be knowing and voluntary, and to be valid, must include:
FCA §413(1) (h) & (i); DRL §240 (1-b) (h) & (i). Where an opt-out agreement is invalid, child support shall be established "de novo" or "from the beginning," based on the CSSA. Make sure to work closely with your attorney to fully understand the law on child support, and your child support arrangements.
I am a matrimonial and family law litigator and collaborative attorney with over 25 years’ experience helping clients resolve matrimonial and family law issues. I offer litigation services, attorney review, and alternative dispute resolution, including family mediation and collaborative divorce.
I am a matrimonial and family law litigator and collaborative attorney with over 25 years’ experience helping clients resolve matrimonial and family law issues. I offer litigation services, attorney review, and alternative dispute resolution, including family mediation and collaborative divorce.
