Statute
Child Support Standards Act
30 published works
A Lawyer's Blog
NY CUSTODY – EDUCATIONAL NEGLECT REQUIRES A CHANGE OF CUSTODY
This case is a reminder for me of the salient issue in my school CRA cases in MA.CK v. LK, 2025 NY Slip Op 50992 - NY: Supreme Court, Richmond…
Divorce: New York
The effect of divorce settlement agreements on child support modification proceedings
By Neil Cahn
What is the significance in a divorce settlement agreement of the parents’ decision to apply the child support formula to all of the parents’ income in excess of the statutory…
Divorce: New York
Temporary maintenance provisions in prenuptial agreements entered 2010 to 2015 must contain CSSA-type formula recitation
By Neil Cahn
Two days before the parties were married in February, 2011, they executed a prenuptial agreement. In it the wife accepted an agreed-upon maintenance provision. The husband commenced a divorce action…
A Lawyer's Blog
CHILD SUPPORT – GOING OVER THE CAP?
This I found to be common in many "middle class" divorce settlements and/or litigations: computing child support and whether or not to go over the cap. The Combined Parental Income…
A Lawyer's Blog
CHILD SUPPORT WHEN CUSTODY IS SHARED
Alliger-Bograd v Bograd, 2020 NY Slip Op 01315, Decided on February 26, 2020, Appellate Division, Second Department:"The defendant contends that the Supreme Court erred in determining the amount of his…
Divorce: New York
Child Support Payments Through Support Collection Units May Result in Unanticipated Changes
By Neil Cahn
Using the state’s Child Support Enforcement Services can have unintended results. Having support payments made through a Support Collection Unit triggers a cost-of-living adjustment procedure that may result in a…
Divorce: New York
A Child Support Redetermination Is Warranted If a Stated Reason Parties Deviated From CSSA No Longer Applies
By Neil Cahn
The Child Support Standards Act authorizes parents to agree to a child support obligation that deviates from the presumptive formula provided in that statute. However, if they are going to…
Divorce: New York
Considering a Step-Parent’s Income and Assets on Child Support Awards
By Neil Cahn
Under what circumstances may a step-parent’s income and assets be considered by a court when deciding whether awarding the formula amount of support would be unjust or inappropriate? When may…
Divorce: New York
Recoupment of Child Support Overpayments From Add-on Expenses (College); Not Future Support
By Neil Cahn
A decision last week of the Appellate Division, Second Department, points out that the rules concerning the recovery of overpayments of child support may not always be logical, and in…
Divorce: New York
Representing Yourself In Child Support Proceedings Has Its Risks
By Neil Cahn
It is understandable that parents who “cannot afford” a lawyer will attempt to represent themselves in Family Court child support proceedings. Moreover, the Family Court is remarkably able to apply…