914.946.0848  .  contact  .  map & directions  .  subscribe  . 

What if the CSSA Doesn't Work for Us?

October 1, 2014  | 
What if the CSSA Doesn’t Work for Us? By Clare A. Piro

How does the Child Support Standards Act (“CSSA”) work in mediation? First, you will need to discuss whether or not you are going to apply or opt out of the CSSA.

To do that, you need to know what the child support figure would be if the statute were applied. Your mediator can explain the computation based upon the combined income of you and your spouse.

What income figure should be used?

If one of you is unemployed or underemployed by choice, or the income reported on your income tax return is not representative of the true income earned, the parties may choose to impute an income for the under-earning party.

If one of you is earning much more this year than last year, the CSSA mandates you use the income on your most recent income tax return, but that might not make sense if that income is no longer what is actually being earned. You can choose to apply the CSSA to your current income.

In both cases, you are opting out of CSSA.

How much income should be used?

The statute provides for applying the percentages to $141,000 of combined parental income, but due to the higher cost of living in Westchester, the child support percentages are typically applied to combined parental income of approximately $350,000. The parties may then choose to do the same, or based upon their circumstances, choose to apply the percentages to any other combined income to which they agree. In effect, they opt out of the CSSA because only a court can apply income above the cap.

Joint Physical Custody

The statute does not address a situation where there is no “non-custodial parent.” While case law interpreting the statute provides for the payment of child support by whomever earns more to whomever earns less, in joint physical custody cases that may not make much sense to the parties, especially if the difference in income is not that great.

Instead, they might want to consider a different arrangement where each parent is responsible for the expenses of their individual household, while sharing in direct expenses such as clothing, extracurricular activities, etc.

Or the parties may share direct expenses of the children pro rata to their income, and the party who earns more will pay some amount of support to the party who earns less, so that each can maintain similar households for the children.

In any situation where you decide to opt out of the CSSA, you will need to provide the reasons why you are doing so, to ensure that the waiver of the statute is being made knowingly, and so that your agreement will pass muster with the courts when you seek a divorce.

In mediation, a couple can make the CSSA work for them in a way that best meets the needs of their family, whether that is applying it or opting out.

Will the CSSA work for your family, or not? 

Clare Piro Attorney and Mediator

Attorney & Mediator
500 Mamaroneck Avenue | Suite 320
Harrison, NY 10528
Tel: 914.946.0848

Email »

Comments
Search
Topics
Divorce (72) | Mediation (71) | Divorce Mediation (10) | Conflict (9) | Mediator (9) | Child Support (8) | Litigation (7) | Separation Agreement (6) | Clare A. Piro (6) | Clare A. Piro Mediation (6) | Collaborative Divorce (6) | Consultation (6) | Separation (5) | Family (4) | Children (4) | Finances (4) | Parenting (4) | Attorney (4) | Divorce And Children (3) | Child Support Standards Act (3) | Expenses (3) | Clare Piro (3) | Communication (3) | Settlement (3) | Mediation Benefits (2) | Conflict During Mediation (2) | Couples (2) | Legislation (2) | Truth (2) | Relationships (2) | Clients (2) | Assets (2) | Custody (2) | Seperation (2) | Settlement Agreements (2) | Child Support Standards Act (CSSA) (2) | Mediation Versus Litigation (2) | Anger (2) | CSSA (2) | Unrequited Love (2) | Divorce Finances (2) | Agreement (2) | Mediation Myths (2) | Bitterness (2) | Calculating Support (2) | Certified Divorce Financial Analyst (CDFA) (2) | Step-Children (2) | Post-Divorce Income (2) | Step-Father (2) | Step-Mother (2) | College Expenses (2) | Divorce Mediator (2) | Moving Forward (2) | Joint Legal Custody (1) | Tentative Agreements (1) | Financial Costs (1) | Joint Account (1) | Lack Of Trust (1) | Accusations Of Delay (1) | Temporary Agreement (1) | Permanent Agreement (1) | Installment Agreements (1) | Hurricane Harvey (1) | Retirement Account (1) | Commingling (1) | Maritial Assets (1) | Maritial Property (1) | Settle Agreement (1) | Transmutation (1) | Divorce Papers (1) | Separate Property (1) | Spouse (1) | Compassion (1) | Negative Communication (1) | Married Couples (1) | Marital Property (1) | Joint Decision Making (1) | Married (1) | Work Stress (1) | Holiday Preparations (1) | Perfection (1) | Anxiety (1) | Separation Agreements (1) | Dishonest (1) | Mediate (1) | Spouses (1) | Matrimonial Dispute (1) | LawyerDivorceMediation (1) | Attitudes (1) | Family Enrichment (1) | Remarriage After Divorce (1) | Significant Other (1) | Blended Families (1) | MediationSession (1) | FamilyMediation (1) | AttorneyPresence (1) | Little White Lies (1) | Lies (1) | Dreaming (1) | Intervention (1) | Custodial Parent (1) | Therapy (1) | Beneficiary (1) | Settlement Term (1) | Life Insurance (1) | Spousal Support (1) | Financial Situation (1) | Husband (1) | Settlement Agreement (1) | Personal Relationships (1) | Public Trust (1) | Nesting (1) | Affair (1) | Wife (1) | Bankruptcy (1) | Divorce Coach (1) | Summer (1) | Self-determination (1) | Self Determination (1) | New York State (1) | Difficult Clients (1) | Change (1) | Specialist (1) | Relocation (1) | Control (1) | Balance (1) | Blame (1) | Advice (1) | Self-talk (1) | 2015 (1) | Year In Review (1) | Equality (1) | Mindfulness (1) | Mental Health (1) | Equity (1) | Moving On After Divorce (1) | Halloween (1) | Fear Of Divorce (1) | Joint Physical Custody (1) | Parenting Post-Divorce (1) | Parenting Plans (1) | Co-Parenting (1) | Scared Of Divorce (1) | Holiday Blues (1) | Finding Love After Divorce (1) | House (1) | Post-Divorce Dating (1) | Consulting Attorney (1) | Holidays Post-Divorce (1) | Alone At The Holidays (1) | New York (1) | Budget (1) | Conflicy (1) | Fall (1) | Extremes (1) | Acknowledgement (1) | Power (1) | Parenting Plan (1) | School Year (1) | Payments (1) | Seperation Agreement (1) | Disclosure (1) | Parents (1) | Contribution (1) | Moving On (1) | Responsibility (1) | Unemployment (1) | Apology (1) | Kids (1) | Marriage (1) | Listening (1) | Compromise (1) | Effects On Family (1) | Older Dogs (1) | Adopt Shelter Dogs (1) | Agreements (1) | Dogs (1) | Living Together (1) | Living Apart (1) | Scarcity (1) | Resolution (1) | Abundance (1) | Divorce Law (1) | Baby Boomers (1) | Grandparents (1) | College (1) |
Connect