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Non-Compliance with the Opt-Out Provisions of the CSSA

By Thomas A. Elliot

Pursuant to the Child Support Standards Act (ACSSA), codified in Domestic Relations Law (DRL) ' 240, an agreement or stipulation providing for the payment of direct child support that deviates from the CSSA guidelines must specify the presumptively correct amount of child support that would have been arrived at by application of the provisions of the CSSA, and the reason or reasons for the deviation. Pursuant to the statute, this requirement may not be waived by either party or their counsel.

Recent cases have dealt with this statutory requirement as applied to provisions of agreements pertaining to certain “add-on” expenses and those pertaining to future adjustments of child support. These cases have also discussed certain remedies the courts may employ when faced with agreements that fail to comply with the opt-out requirements of the CSSA and the timing of challenges based on a failure to comply with these requirements.

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