Divorce: New York

Divorce: New York

Tag Archives: Reduction

C.S.S.A. Recitiation Requirements Relaxed for In-Court Child Support Sipulation

Posted in Child Support (C.S.S.A.)
The required C.S.S.A. recitation in an oral open-court stipulation by which the parties explain why they have agreed to a child support obligation varying from the presumptive C.S.S.A. formula may not have to be as “precise” as that required in a written stipulation. Such appears to be the holding of the Appellate Division, Second Department, … Continue Reading

Emancipation Of One Child Does Not Automatically Result in a Downward Modification of Unallocated Child Support

Posted in Child Support (C.S.S.A.), Modification
The emancipation of a child does not automatically result in the downward modification of an unallocated order of child support. Rather, the support payor has the burden of proving that the existing  amount of unallocated child support is excessive based on the needs of the remaining unemancipated children. Such was the holding of the Appellate … Continue Reading

Father’s Failure To Visit Child Is Grounds To Increase Child Support

Posted in Agreements and Stipulations, Child Support (C.S.S.A.), Custody and Visitation
Parents sometimes enter child support agreements which track the presumptive formula set out in New York’s Child Support Standards Act (Family Court Act §413; Domestic Relations Law §240[1-b]). However, parents in their agreements often deviate from the presumptive formula to reflect various considerations. That deviation for a married couple may reflect the delicate balancing of property rights, … Continue Reading