In its February 18, 2016 decision in Michael J. D. V. Carolina E. P., the Appellate Division, First Department, held that because the trial court did not follow the precise requirements of the CSSA when determining that private school education and summer, extracurricular and weekend activities should be paid over and above basic child support, those awards would be vacated.
When making child support awards, the requirements of the Child Support Standards Act (CSSA) (Family Court Act §413 and Domestic Relations Law §240[1-b]) must be strictly followed. After the calculation of the basic periodic child support amount, the statute allows for the payment of certain categories of enumerated add on expenses, prorated according to the parents’ relative incomes.
The add on expenses expressly addressed in the CSSA are:
- child care expenses when a custodial parent is working, looking for work and/or engaged in an educational or training program that will lead to employment;
- health insurance and unreimbursed medical expenses; and
- educational expenses.
In the case before it, the parties were the parents of a son born December 17, 2008. The parties were never married and were not living together when the child was born. After the father learned he had a son, the mother and the child moved into the father’s luxury apartment in lower Manhattan. The parties were hopeful of continuing as a family and while living together, discussed marriage and the possibility of having a second child. They also discussed their son’s future, and the possibility he would attend a private school. It was their expectation at that time that the child would enjoy the “best of everything.” This living arrangement, however, was short-lived, lasting only four months (from May – August, 2009).