Law.com Subscribers SAVE 30%

Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.

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

By Thomas A. Elliot
May 27, 2009

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.

Read These Next
Bankruptcy Sales: Finding a Diamond In the Rough Image

There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.

Judge Rules Shaquille O'Neal Will Face Securities Lawsuit for Promotion, Sale of NFTs Image

A federal district court in Miami, FL, has ruled that former National Basketball Association star Shaquille O'Neal will have to face a lawsuit over his promotion of unregistered securities in the form of cryptocurrency tokens and that he was a "seller" of these unregistered securities.

Why So Many Great Lawyers Stink at Business Development and What Law Firms Are Doing About It Image

Why is it that those who are best skilled at advocating for others are ill-equipped at advocating for their own skills and what to do about it?

A Lawyer's System for Active Reading Image

Active reading comprises many daily tasks lawyers engage in, including highlighting, annotating, note taking, comparing and searching texts. It demands more than flipping or turning pages.

Blockchain Domains: New Developments for Brand Owners Image

Blockchain domain names offer decentralized alternatives to traditional DNS-based domain names, promising enhanced security, privacy and censorship resistance. However, these benefits come with significant challenges, particularly for brand owners seeking to protect their trademarks in these new digital spaces.