When Can a Court Reduce Child Support? Understanding Downward Deviations in New York

In New York State, child support is calculated using the Child Support Standards Act (CSSA), which provides a formula based on the combined parental income and the number of children. However, this calculation is not always set in stone. Under certain circumstances, the court may deviate from the standard formula, either upward or downward. This post focuses on when and why a downward deviation in child support might be granted.

What Is a Downward Deviation?

A downward deviation occurs when the court orders a parent to pay less than what is typically required under the standard child support guidelines. While courts are generally reluctant to reduce support obligations, especially when it could impact a child’s well-being, they recognize that in some cases, a strict application of the guidelines would be unjust or inappropriate.

Factors the Court Considers

New York Domestic Relations Law § 240(1-b)(f) lists several factors the court may consider when deciding whether to deviate from the basic child support obligation. These include:

1. Financial Resources of Each Parent

If the noncustodial parent has significantly lower income or unusual financial burdens (such as supporting other dependents or high medical expenses), the court may consider those circumstances in determining the appropriate amount of support.

2. Extraordinary Expenses Incurred by the Noncustodial Parent

This could include educational expenses, costs related to a disability, or necessary travel expenses for visitation, especially if the custodial parent has relocated.

3. Physical and Emotional Health of the Parents or Child

If a parent suffers from a serious illness or disability that limits earning capacity or incurs high medical costs, the court may grant a deviation.

4. Non-Monetary Contributions

A parent who consistently provides childcare, transportation, or other forms of support may receive credit for these contributions when calculating support.

5. Needs of Other Children

If the noncustodial parent is also supporting other children, especially those not subject to the support order, the court may factor in those obligations, particularly if the needs of those children would otherwise go unmet.

6. Agreements Between the Parties

Parents can agree to a lower amount of support as part of a settlement, but the court must still review the agreement to ensure it meets the child’s best interests. The agreement must include a written explanation justifying the deviation.

Burden of Proof

The parent seeking a downward deviation bears the burden of proving that applying the full guideline amount would be unfair or inappropriate. Documentation such as tax returns, pay stubs, proof of expenses, and affidavits can help support the request.

When Will the Court Not Deviate?

The court will not reduce support simply because the noncustodial parent feels the payment is too high. The child’s needs come first, and any deviation must still ensure that the child receives adequate support.

Additionally, voluntary unemployment or underemployment is rarely accepted as a reason to lower child support. If a parent is capable of earning more but chooses not to, the court may impute income based on earning potential.

Conclusion

If you believe your current child support order is too high based on your circumstances, a downward deviation might be possible, but it’s not automatic. A family law attorney can evaluate your case, help gather the necessary documentation and present a compelling argument to the court.