The Child Support Standards Act (CSSA) in New York City

Child support in New York City is determined by a formula established by the Child Support Standards Act (CSSA). This law aims to ensure that children receive adequate financial support from both parents after separation or divorce. Understanding the CSSA is crucial for anyone involved in a child support case in NYC. At Veridian Legal, our experienced child support attorneys can help you navigate the complexities of the CSSA and advocate for your rights and your child's best interests.

What is the Child Support Standards Act (CSSA)?

The CSSA is a New York law that provides a formula for calculating child support payments. The formula considers the combined income of both parents and the number of children to determine a basic child support obligation. The CSSA is designed to create consistency and fairness in child support orders.

How is the CSSA Applied?

1. Determine Income: The court first determines the income of each parent. Income includes not only wages and salary but also various other sources, such as investment income, benefits, and alimony.

2. Adjust Income: Certain deductions are made from the gross income, such as FICA taxes and support paid to others. The remaining figure is the adjusted gross income.

3. Combine Parental Income: The adjusted gross incomes of both parents are combined.

4. Apply Percentage: The combined parental income is multiplied by a percentage based on the number of children:

• 17% for one child

• 25% for two children

• 29% for three children

• 31% for four children   

• 35% or more for five or more children   

5. Calculate Each Parent's Share: Each parent's share of the child support obligation is determined based on their proportionate share of the combined income.

6. Order Payment: The non-custodial parent is typically ordered to pay their share of the support obligation to the custodial parent.

The CSSA Cap

The CSSA has a cap on the amount of combined parental income that is subject to the percentage calculations. The current cap is $183,000 (as of 2024). This means that for parents with a combined income above the cap, the basic child support obligation is calculated based on the first $183,000 of their income. However, the court can order support above the cap if it determines that the child's needs require it.

Child Support Above the Cap

While the CSSA has a cap, the court can order child support above the cap if it determines that the child's needs require it. Factors considered include the child's standard of living, special needs, and the financial resources of both parents. Our attorneys can present compelling arguments to support a child support award above the cap when appropriate.

Deviating from the CSSA

In some cases, the court may deviate from the CSSA formula if it determines that applying the strict formula would be unjust or inappropriate. This might occur in situations where:

• A child has special needs that require additional financial support.

• One parent has significantly higher income than the other.

• There are unique custody arrangements, such as shared physical custody or split custody.

• Other unusual circumstances exist that warrant a departure from the standard formula.

Calculating Child Support Under the CSSA

While the CSSA formula provides a basic framework for calculating child support, applying it to your specific circumstances can be complex. Our attorneys can help you understand how the formula works and calculate your potential child support obligations. We can also provide guidance on how various factors, such as add-on expenses and custody arrangements, might affect the final support order.

Challenging a Child Support Order

If you believe a child support order is unfair or inaccurate, you have the right to challenge it. This may involve filing objections with the court or pursuing an appeal. Our attorneys can represent you in these proceedings and advocate for a fair and just outcome.

Alternative Dispute Resolution for Child Support

In some cases, child support disputes can be resolved outside of court through alternative dispute resolution (ADR) methods, such as mediation or collaborative law. These methods can be less adversarial and more cost-effective than traditional litigation. Our attorneys can help you explore ADR options and represent you in these proceedings.

How Our NYC Child Support Lawyers Can Help

Navigating the complexities of the CSSA can be challenging. Our experienced NYC child support lawyers at Veridian Legal can:

• Explain the CSSA and how it applies to your case.

• Calculate child support obligations.

• Advocate for a fair child support order.

• Represent you in court.

• Help you modify or enforce existing orders.

The Veridian Legal Difference: Personal Attention, Powerful Advocacy

At Veridian Legal, you work directly with Cali Madia and Daniel Szalkiewicz, experienced child support attorneys who are dedicated to protecting your rights and your child's best interests. We provide personalized attention, clear communication, and aggressive advocacy to achieve the best possible outcome in your case. We have extensive experience handling CSSA matters and a deep understanding of the law and procedures involved. You can trust us to provide skilled and knowledgeable representation to ensure your child receives the financial support they deserve.