Lawyers Manual - Unified Court System

Victim Who Needs Child Support 159
things as money received from life insurance policies, gifts, inheritances, lottery
winnings, and personal injury recoveries.
Reduction for Non-Custodial Parent with Little Income
In enacting the CSSA, the legislature provided for a significant reduction of
the child support required of a low-income noncustodial parent. While it may seem
complicated at first, the basic premise is that, where the annual amount of the
basic child support obligation would reduce a noncustodial parent’s income below
the poverty level for one person, no more than $25 per month may be ordered.
A similar protection, in the form of a maximum order, is provided to other
noncustodial parents with slightly higher incomes. The statute provides that,
where the annual amount of the basic child support obligation would reduce the
noncustodial parent’s income below something called the “self-support reserve”
(135% of the poverty level), the obligation will be $50 per month, or the
difference between the noncustodial parent’s income and the self-support
reserve, whichever is greater.
Since these figures change each year, you are cautioned to keep up to date
on the yearly changes in the poverty level.
Factors for Rebutting the Presumption
The amount established according to the formula creates a rebuttable
presumption as to the appropriate amount of child support, and this amount
must be ordered unless the court finds this amount to be unjust or inappropriate
based upon consideration of certain factors. 19
The argument most often raised by a custodial parent for deviating from the
formula amount is contained in factor three: “the standard of living the child
would have enjoyed had the marriage or household not been dissolved.” Under
this factor, counsel may be able to increase child support by demonstrating that
the obligor parent has the ability to provide support beyond the amount that
could be ordered by straight application of the percentage to acknowledged
income. Another factor, “the educational needs of either parent,” provides an
opportunity for counsel to argue for a temporary increase in the amount if the
client needs certain education to be able to adequately support the children. This
may be particularly important for a client who is not married to the other parent
and, for that reason, not eligible for spousal support to increase the amount of
support available from the other parent.