Deviating from the Child Support Standards Act (CSSA) in New York City

New York's Child Support Standards Act (CSSA) provides a formula for calculating child support payments. However, there are circumstances where deviating from the CSSA may be appropriate to ensure a fair and just outcome for the child and parents. At Veridian Legal, our experienced child support attorneys can help you understand when and how to deviate from the CSSA and advocate for your 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. However, the court can deviate from this formula if it's in the best interest of the child.

When Can a Family Deviate from the CSSA?

The Family Court or Supreme Court can deviate from the basic child support amount calculated under the CSSA based on various factors, including:

Financial Resources: 

The financial resources of both parents and the child, including income, assets, and expenses. For example, if one parent has significantly higher income or assets than the other, the court may deviate from the CSSA to ensure the child benefits from the higher standard of living they would have enjoyed if the family had remained intact.

Child's Health and Special Needs: 

The child's physical and emotional health, including any special needs that require additional financial support. This could include medical expenses, therapy costs, or specialized education or care.

Standard of Living: 

The standard of living the child would have enjoyed if the marriage or relationship had not ended. This factor considers the lifestyle the child was accustomed to, including housing, education, extracurricular activities, and travel.

Tax Consequences: 

The tax implications of child support payments, as they are not tax-deductible for the non-custodial parent.

Non-Monetary Contributions: 

The non-monetary contributions of each parent toward the care and well-being of the child, such as providing transportation, attending school events, or offering emotional support.

Educational Needs: 

The educational needs of the parents, such as pursuing higher education or vocational training to improve their earning capacity, which could affect their ability to pay support.

Income Disparity: 

The disparity in income between the parents. A significant difference in income may warrant a deviation to ensure the child's needs are met.

Needs of Other Children: 

The needs of other children who are not subject to the current child support order but are receiving support from one of the parents.

Extraordinary Expenses: 

Extraordinary expenses incurred in exercising visitation, such as travel costs for long-distance visitation.

Joint Physical Custody: 

If the parents have joint physical custody of the child, the court may deviate from the CSSA to reflect the shared parenting responsibilities and expenses.

Other Factors: 

Any other factors the court deems relevant, such as the prior lifestyle of the parties, the earning capacity of each parent, the distribution of marital property and debt, and the amount and duration of spousal maintenance.

The Process for Deviating from the CSSA

If you believe that deviating from the CSSA is necessary in your case, you will need to:

1. Gather Evidence: Collect documentation to support your arguments for deviation, such as financial records, evidence of the child's needs, or expert testimony.

2. Present Your Case: Present your arguments to the court, explaining why deviating from the CSSA is in the best interests of the child.

3. Obtain a Court Order: If the court agrees to deviate, it will issue a written order outlining the specific reasons for the deviation and the adjusted child support amount.

Other Factors That Courts Consider When Deviating

When deciding whether to deviate from the CSSA, courts carefully consider various factors, including:

• The child's needs and best interests

• The financial resources of both parents

• The parents' respective contributions to the child's care

• Any extraordinary expenses related to the child

• Any other relevant factors, such as special needs or unique custody arrangements

The Benefits and Drawbacks of Deviating

Deviating from the CSSA can have both benefits and drawbacks. Some potential benefits include:

• Ensuring the child's needs are met

• Creating a more equitable outcome for both parents

• Allowing for flexibility in addressing unique circumstances

However, some potential drawbacks include:

• Increased complexity and potential for disputes

• Uncertainty about the final outcome

• Potential for one parent to feel disadvantaged

Requirements for Deviating from the CSSA

If the court decides to deviate from the CSSA, it must state the specific reasons for doing so in a written order. Any agreement between the parents to deviate from the CSSA must also be in writing and include the following disclosures:

• That the parents have been made aware of the CSSA guidelines.

• That the parents are aware of the basic child support amount that would result from applying the CSSA formula.

• The reasons for deviating from the CSSA.

How Our NYC Child Support Lawyers Can Help

Deviating from the CSSA can be a complex process that requires a strong understanding of the law and the ability to present persuasive arguments to the court. Our experienced NYC child support lawyers at Veridian Legal can:

• Analyze your situation and determine if deviating from the CSSA is appropriate.

• Gather evidence and develop compelling arguments to support your case.

• Negotiate with the other parent or their attorney to reach a fair agreement.

• Represent you in court and advocate for your best interests.

The Veridian Legal Difference: Expertise and Advocacy in CSSA Matters

At Veridian Legal, you work directly with Cali Madia and Daniel Szalkiewicz, experienced child support attorneys who have a deep understanding of the CSSA and extensive experience handling deviations and complex child support cases. We are skilled negotiators and litigators dedicated to protecting your rights and your child's best interests.