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Maintenance Under the Child Support Standards Act

By Benjamin E. Schub

Since the 1989 adoption by the New York State legislature of the Child Support Standards Act (CSSA) (Domestic Relations Law ' 240[1-b]; Family Court Act ' 413.), a substantial body of case law has been developed with respect to its interpretation. As a result, the application of the CSSA can be more nuanced than a straightforward reading of the statute suggests.

A recent decision by the Second Department, Krukenkamp v. Krukenkamp, 2008 NY Slip Op. 06570, 2008 WL 3063675 (2nd Dept. 2008), highlights one of the provisions of the CSSA as interpreted by the case law which some may find illuminating ' or others, maddening, depending on one's perspective. As discussed below, the Krukenkamp case stands for the proposition that when child support is calculated under the CSSA in a post-divorce proceeding, maintenance payments that were originally excluded from the recipient's total income at the time of divorce are now included in his or her adjusted gross income to calculate the recipient's child support obligation.

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