Lawyers Manual - Unified Court System
Lawyers Manual - Unified Court System Lawyers Manual - Unified Court System
152 Judy Reichler Pro Se Non-Custodial Parent It is highly likely that you will find yourself negotiating the issue of child support with a person who is not represented by counsel. This is always more difficult because the pro se litigant may not know the law and what is legally permissible. In addition, he may be so emotionally involved that agreement is not possible. Combine this with a history of belligerence, abuse, and control, and productive communication is unlikely. Avoid being alone in a room with your client and her abusive partner. If this happens, you should cease negotiations immediately and rely on the court to make the decisions. Public Assistance Recipients When entering into an agreement with a client who is receiving, or who plans to apply for, public assistance or other public benefits (such as food stamps or public housing), care must be taken to assure that the agreement doesn’t inadvertently make her ineligible for assistance. Similarly, if receipt of child support payments would remove the family from public assistance, but not enough to make up for the loss of the $50 pass-through and other public benefits, some other arrangement might be preferable. If the client is receiving family assistance, she has assigned to the state her rights to child support and alimony. All payments must be made to the SCU and not to her for so long as she continues to receive public assistance. If she leaves public assistance and there are arrears that accumulated before she left, that money must also go to SCU, although she can receive current support payments. New York’s Child Support Standards Act (CSSA) Both the Family Court and the Supreme Court are required to use the CSSA in setting child support orders. 18 How the CSSA Works Passed in 1989 to comply with a federal mandate, the CSSA provides a step-by-step method of determining the level of child support to be ordered. The CSSA rests on the principles that children are entitled to share in the income and standard of living of both parents, whether or not they are living together, and that child support should be the first obligation to be met, not the last. Briefly, the CSSA defines the level of support as a percent of parental income,
Victim Who Needs Child Support 153 depending on the number of children to be supported. Rules for deviating upward or downward from this amount are also provided. After the court determines the income of each parent and applies certain deductions, the incomes are combined and multiplied by the percentages set forth in the CSSA. This amount is then divided between the parents in the same proportion as each parent’s income is to the combined parental income. In addition to this amount, the court must pro-rate the cost of reasonable medical and child care expenses, and can order payment of a portion of educational expenses and certain other child care expenses provided they meet the criteria provided in the statute. The amount indicated by the formula, increased by any medical, child care and education expenses, is the “basic child support obligation.” This amount must be ordered unless the court finds that the noncustodial parent’s share is unjust or inappropriate and increases or decreases the amount based upon consideration of the ten factors enumerated in the statute. The factors considered by the court and the reasons for the level of support ordered must be set forth in a written order — a requirement that may not be waived by either party or by counsel. No distinction is made between orders made on behalf of marital children and those made on behalf of non-marital children. The law applies to children who receive public assistance. It applies to parents with little or no income, although provisions are made to limit the amount under certain circumstances. It applies to parents with high incomes. It applies to orders entered pursuant to agreements or stipulations. How Parental Income Is Determined All Income from All Sources Although the definition of income in the CSSA is lengthy and appears complicated, it can be stated very simply: all income from all sources, whether actual or imputed. The last income tax form that was filed is only a starting point — it isn’t the end of the trail. Pension deductions and income that is voluntarily deferred — such as credit union savings accounts and any type of tax-deferred annuity — are included in income. If the noncustodial parent is self-employed or works in a partnership, look for deferred compensation, i.e., compensation that may be paid in a later year for work performed this year, and request the court to impute the income to the current year. Income from Public and Private Benefits Income derived from the following public benefits is included in income: workers’ compensation, private and governmental disability benefits, unemployment
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152 Judy Reichler<br />
Pro Se Non-Custodial Parent<br />
It is highly likely that you will find yourself negotiating the issue of child<br />
support with a person who is not represented by counsel. This is always more<br />
difficult because the pro se litigant may not know the law and what is legally<br />
permissible. In addition, he may be so emotionally involved that agreement is<br />
not possible. Combine this with a history of belligerence, abuse, and control,<br />
and productive communication is unlikely. Avoid being alone in a room with<br />
your client and her abusive partner. If this happens, you should cease<br />
negotiations immediately and rely on the court to make the decisions.<br />
Public Assistance Recipients<br />
When entering into an agreement with a client who is receiving, or who<br />
plans to apply for, public assistance or other public benefits (such as food<br />
stamps or public housing), care must be taken to assure that the agreement<br />
doesn’t inadvertently make her ineligible for assistance. Similarly, if receipt of<br />
child support payments would remove the family from public assistance, but not<br />
enough to make up for the loss of the $50 pass-through and other public<br />
benefits, some other arrangement might be preferable.<br />
If the client is receiving family assistance, she has assigned to the state her<br />
rights to child support and alimony. All payments must be made to the SCU and<br />
not to her for so long as she continues to receive public assistance. If she leaves<br />
public assistance and there are arrears that accumulated before she left, that<br />
money must also go to SCU, although she can receive current support payments.<br />
New York’s Child Support Standards Act (CSSA)<br />
Both the Family <strong>Court</strong> and the Supreme <strong>Court</strong> are required to use the CSSA<br />
in setting child support orders. 18<br />
How the CSSA Works<br />
Passed in 1989 to comply with a federal mandate, the CSSA provides a<br />
step-by-step method of determining the level of child support to be ordered. The<br />
CSSA rests on the principles that children are entitled to share in the income and<br />
standard of living of both parents, whether or not they are living together, and<br />
that child support should be the first obligation to be met, not the last. Briefly,<br />
the CSSA defines the level of support as a percent of parental income,
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