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
New York's Latest Cybersecurity Commitment Image

On Aug. 9, 2023, Gov. Kathy Hochul introduced New York's inaugural comprehensive cybersecurity strategy. In sum, the plan aims to update government networks, bolster county-level digital defenses, and regulate critical infrastructure.

Law Firms are Reducing Redundant Real Estate by Bringing Support Services Back to the Office Image

A trend analysis of the benefits and challenges of bringing back administrative, word processing and billing services to law offices.

Bit Parts Image

Summary Judgment Denied Defendant in Declaratory Action by Producer of To Kill a Mockingbird Broadway Play Seeking Amateur Theatrical Rights

The Bankruptcy Hotline Image

Recent cases of importance to your practice.

How AI Has Affected PR Image

When we consider how the use of AI affects legal PR and communications, we have to look at it as an industrywide global phenomenon. A recent online conference provided an overview of the latest AI trends in public relations, and specifically, the impact of AI on communications. Here are some of the key points and takeaways from several of the speakers, who provided current best practices, tips, concerns and case studies.