NEW YORK, NY – Parents negotiating child support in New York can agree to an amount differing from the statutory formula, but only if the agreement meets specific legal requirements. Manhattan child support attorney Ryan Besinque of The Law Office of Ryan Besinque (https://www.besinquelaw.com/deviate-mediation-child-support-drl-240-1-b/) explains how the Child Support Standards Act (CSSA) formula works, when parents may deviate through mediation, and what every valid agreement must include.
According to Manhattan child support attorney Ryan Besinque, Domestic Relations Law 240(1-b) and Family Court Act 413 implement the CSSA, establishing a percentage-based formula producing what courts call the “presumptively correct” amount of support. “The law allows parents to deviate from the guideline amount through mediation or negotiation,” Besinque explains. “But the statute is clear: the CSSA amount must be calculated first, stated in the agreement, and the reasons for deviation must be documented.”
Manhattan child support attorney Ryan Besinque notes the formula follows three steps. Each parent’s gross income is calculated from the most recent federal tax return, with deductions for FICA taxes, New York City or Yonkers income taxes, and child support for other children under a prior order. The combined parental income up to the statutory cap is multiplied by a percentage set by statute: 17 percent for one child, 25 percent for two, 29 percent for three, 31 percent for four, and at least 35 percent for five or more children. The resulting total is prorated between parents based on each parent’s share of combined income.
Manhattan child support attorney Ryan Besinque emphasizes that as of March 1, 2026, the combined parental income cap is $193,000, up from $183,000, and is adjusted every two years based on the Consumer Price Index for All Urban Consumers. For income above the cap, courts have discretion under DRL 240(1-b)(c)(3) to apply the percentages, consider the ten statutory factors listed in DRL 240(1-b)(f), or use a combination of both.
Attorney Besinque explains that basic child support covers food, clothing, and shelter, while mandatory add-ons include health insurance for the child, unreimbursed medical expenses, and child care expenses allowing the custodial parent to work or attend school. “These add-ons are split proportionally based on each parent’s share of combined income,” he notes. Discretionary items such as private school tuition may be ordered under DRL 240(1-b)(c)(7), though courts weigh each family’s circumstances before requiring them.
The firm notes the ten paragraph (f) factors provide courts and mediating parents a framework for justifying a deviation. These include the financial resources of each parent and child, the child’s physical and emotional health and special needs, the standard of living the child would have enjoyed had the household remained intact, tax consequences, nonmonetary contributions, the educational needs of either parent, substantial income disparity between the parents, the needs of other children the noncustodial parent supports, extraordinary visitation expenses, and any other factor the court deems relevant.
Besinque points out that under DRL 240(1-b)(h), a valid deviation agreement must include four elements: an acknowledgment that both parents have been advised of the CSSA provisions, a statement that the CSSA guideline would presumptively produce the correct amount, the specific dollar amount the guideline would have produced, and the reasons the agreement provides for a different amount. “If any of these elements is missing, courts have treated the agreement as a nullity,” he observes. “That means the custodial parent could seek a new order from scratch regardless of what the parents agreed to.”
The team explains that mediation offers flexibility the CSSA formula cannot provide. The CSSA does not adjust for parenting time, so a noncustodial parent with nearly equal time may pay the same support as one with minimal time. In mediation, parents can adjust support, share expenses during parenting time, or create structures such as joint expense accounts, non-pro rata splits, or income-based adjustment provisions.
Attorney Besinque notes the statute also protects lower-income parents. If the guideline amount would reduce the noncustodial parent’s income below the federal poverty level, currently $15,960 as of March 1, 2026, the obligation is reduced to $25 per month. If the amount falls below the Self-Support Reserve of $21,546 but not the poverty level, the obligation is $50 per month or the difference between the parent’s income and the SSR, whichever is greater.
The firm explains that even in equal shared-custody arrangements, a CSSA calculation is still required. In Bast v. Rossoff, the New York Court of Appeals held that none of the mandatory CSSA steps can be waived, and courts in equal-time cases generally designate the higher-earning parent as the noncustodial parent for calculation purposes only. A deviation may still be appropriate, but the calculation itself is mandatory.
Under DRL 236(B)(9)(b), either parent may seek modification of a child support order due to a substantial change in circumstances, after three years, or if either parent’s income changes by 15 percent or more. Besinque notes mediated agreements can include adjustment provisions to reduce future court appearances.
For parents in Manhattan, child support matters are handled through the New York County Family Court at 60 Lafayette Street and the New York County Supreme Court. Working with an experienced child support attorney during mediation can help confirm every required CSSA disclosure is present and the final agreement will hold up in court.
About The Law Office of Ryan Besinque:
The Law Office of Ryan Besinque is a Manhattan-based firm focused on divorce, custody, and child support matters throughout New York City. Led by attorney Ryan Besinque, the firm represents parents in CSSA calculations, mediated support agreements, and related family law cases across Manhattan, Brooklyn, the Bronx, Queens, Westchester County, and Nassau County. For consultations, call (929) 251-4477.
Email: ryan@besinquelaw.com
Media Contact
Name
The Law Office of Ryan Besinque
Contact name
Ryan Besinque
Contact phone
(929) 251-4477
Contact address
115 W 25th St 4th floor
City
New York
State
New York
Zip
10001
Country
United States
Url
https://www.besinquelaw.com/
