Going Outside the Child Supports Standards Act

The Child Support Standards Act creates a strict formula for the amount parents must pay in child support. In certain circumstances, parents do not need to follow the CSSA. This is called deviating from the act.

When Can a Family Deviate from the Standards Act?

The Family Court or Supreme Court can deviate from the basic support amount based on:

• the financial resources of the parents and child;

• the health of the child and any special needs;

• the standard of living the child would have had if the marriage had not ended;

• child support payments are not tax-deductible to the noncustodial parent;

• non-monetary contributions of the parents toward the child;

• the educational needs of the parents, the disparity in the parents' incomes;

• the needs of other nonparty children receiving support from one of the parents;

• extraordinary expenses incurred in exercising visitation;

• the parties have joint physical custody of the children;

• the substantial additional time and expense to be borne by the noncustodial parent;

• the prior lifestyle of the parties;

• the earning capacity of the parent;

• the way in which the parties have distributed marital property and debt;

• the amount and duration of maintenance paid to the custodial parent

• the way in which the parties have distributed marital property and debt; and

• any other factors the court determines are relevant.

The court must state the exact reasons they are not following the guidelines.

Any Agreement Must State the Reasons for Deviating

Once the parents decide they no longer want to follow the Child Support Standards Act, they must put their agreement down in writing. The agreement must include a series of four disclosures:

1. that the parents have been made aware of the CSSA;

2. that the parents are aware that the guidelines would result in the the basic child support amount;

3. the amount created by the guidelines; and

4. the reasons for the deviation.

Even if the parents agree to deviate from the CSSA, the Court can disagree and force the parents to follow the act.

Experienced Support Attorneys Can Help Deviate from the Cap

Daniel Szalkiewicz and Cali Madia are experienced litigators who help navigate the difficult process of deviating from the Child Support Standards Act.