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FAMILY COURT DID NOT ARTICULATE ITS REASONS FOR DETERMINING CHILD SUPPORT BASED ON PARENTAL INCOME IN EXCESS OF THE STATUTORY CAP; THE ORIGINAL SUPPORT LEVEL BASED ON THE STATUTORY CAP REINSTATED (SECOND DEPT).

The Second Department, reversing Supreme Court, determined father’s objections to the level of mother’s child support obligation should not have been granted. Family Court had more than doubled the support obligations based on the couple’s income level, which was above the statutory cap. But Family Court did not sufficiently articulate the reasoning underlying the discretionary increase:

The Child Support Standards Act “‘sets forth a formula for calculating child support by applying a designated statutory percentage, based upon the number of children to be supported, to combined parental income up to a particular ceiling'” … . “Where . . . the combined parental income exceeds the statutory cap, in fixing the basic child support obligation on income over the cap, the court has the discretion to apply the factors set forth in Family Court Act § 413(1)(f), or to apply the statutory percentages, or to apply both” … . “However, the Family Court must articulate an explanation of the basis for its calculation of child support based on parental income in excess of the statutory cap” … . “This articulation should reflect ‘a careful consideration of the stated basis for its exercise of discretion, the parties’ circumstances, and its reasoning why there [should or] should not be a departure from the prescribed percentage'” … .

Here, the Family Court did not set forth a sufficient basis for its determination to calculate child support based on combined parental income exceeding the statutory cap. Further, the record shows that based on certain factors, including the parties’ disparity in income and the child’s standard of living, the child support obligation should be calculated based only on combined parental income up to the statutory cap … . Matter of Butta v Realbuto, 2023 NY Slip Op 01671, Second Dept 3-29-23

Practice Point: The court must articulate its reasons for determining child support based upon parental income exceeding the statutory cap. Here the court’s failure to do so resulted in reinstating the child support level which was based on the statutory cap.

 

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