Legal Question in Family Law in New York

what does this mean

7 years ago, I gave my x custody of our son, then 1.5 years old. I cover all medical bills and hold ins. and buy clothing and whatnot.Our custody agreement says he covers ins. and bills paid 50/50. This has all been good...he has not asked me for child support until now...I am taking him to court for custody. I was summonsed to court for back support.Our agreement states ''The parties acknowledge that they have been informed of the porvisions of the Child Support Standards act and the wife currently would be obligated to pay $331.50 per month....The parties have deviated fro the CSSA due to exxpected changes in the parties' incomes, and due the parties' desire to adequately provide for the needs of the child'' What does that mean? For the last 4 years, I have made about $150 per week...I am remarried. How far back can he claim...Like I said, support was not an issue until now, that I am tring to get custody of our son. Thanks


Asked on 10/04/04, 9:55 am

1 Answer from Attorneys
Phroska L. McAlister PHROSKA LEAKE McALISTER

Re: what does this mean

It appears to mean that, 7 yrs ago both you and your child's father Knowingly Agreed to WAIVE the application of the Child Support Standards Act (CSSA). And, that you both elected, for a "good reason" an arrangement, for child care and support, that was different from the CSSA formula.

Arrears per the pending Petition for CS Modification may be calculated ONLY "back to," the Modification Petition "File Date," based upon your current income. Or, to the date you failed to pay your CS obligation under your "Existing" Child Support Agreement or Judgment Order, originally entered 7 yrs ago.

Good luck,

Phroska L. McAlister,ESQ

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Answered on 10/04/04, 12:45 pm


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