When do Family Courts in Westchester, Putnam, Orange, Dutchess, Rockland
and Bronx Counties deviate from the Child Support Guidelines?
The Child Support Standards Act applies to all
child support decisions and sets forth the procedure for
calculating child support. However, one issue that our
Child Support lawyers recently and successfully dealt with in the Westchester Family
Court in Yonkers, New York was whether or not the child support to be
awarded to the custodial parent (the parent with whom the child resides
primarily) was unjust or inappropriate and in need of adjustment by the Court.
In order for there to be a deviation from the child support awards as determined
by the guidelines, the Support Magistrate must make written decisions
explaining why the guidelines are unjust under the facts of a particular
case. As part of its decision making process, the Family Court must follow
a particular procedure which includes:
- The guidelines must be followed to determine the amount of child support;
- In contemplating a deviation from that amount, the Court must consider
the nine statutory factors; and
- Create a written decision detailing the reasons and factors for the deviation.
It should be noted that
Matrimonial or Divorce cases, the court is mandated by the Equitable Distribution Law to consider
and detail it use of the factors in a written decision explaining the
reasons for the level of support found by the court.
The nine statutory factors are:
the financial resources of the
custodial and non-custodial parents;
- the physical and emotional health and special needs of the child;
- the child's standard of living that would have been enjoyed if the
household had not dissolved;
- tax consequences;
- the non-monetary contributions made by the parents towards the child;
- educational needs of each parent;
- a substantial disparity of gross incomes between the two parents;
- the needs and financial obligations that the non-custodial parent has for
- extraordinary visitation expenses incurred by the non-custodial parent
that reduce the expenses of the custodial parent.
Additionally, the court may consider any other factor it finds relevent
to the specific case.
Get the Assistance of an Experienced Child Support Attorney
Since it is clear the calculating the appropriate amount of child support
is not an easy endeavor and may be affected by a number of different factors,
it is very important that you have the help of a skilled and knowledgeable
Family Law and Divorce Lawyer who knows what must be done to protect your
rights and finacial security. If you are considering or have a pending
child support or divorce action, do not hesitate to
contact the family law and divorce attorneys of
Riebling, Proto & Sachs, LLP. We will go over the various issues in your case and develop a plan that
suits your specific needs. As we regularly represent clients in the family
courts of Westchester (including White Plains, NY, New Rochelle, NY and
Yonkers, NY), Putnam, Dutchess, Rockland, Orange and Bronx Counties, we
are readily available to represent you.