New York Law Review

Bast v. Rossoff, 91 N.Y.2d 723 (1998): Child Support Calculation in Shared Custody Cases

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The New York Law Review

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91 N.Y.2d 723 (1998)

In shared custody arrangements, child support should be calculated using the standard three-step statutory formula under the Child Support Standards Act (CSSA) before considering discretionary factors.

Summary

This case addresses how child support should be calculated when parents have shared custody. The Court of Appeals held that the CSSA applies to shared custody cases and the three-step statutory formula should be initially applied. The Supreme Court bypassed this formula and directly applied the factors in Domestic Relations Law § 240 (1-b)(f). The Court of Appeals modified the Appellate Division’s order, holding that the lower court erred in bypassing the statutory formula. The case was remitted for a redetermination of child support consistent with the CSSA’s three-step process.

Facts

The parents, both attorneys, married in 1986 and had one child in 1989. They separated in 1990 and stipulated to a shared custody arrangement in 1992. Under the agreement, the father had the child from Wednesday evening to Sunday evening one week, and Wednesday evening to Thursday morning the following week. In 1993, a hearing was held to determine child support. At the time, the father earned $76,876 per year and the mother earned $83,118 per year.

Procedural History

The Supreme Court issued a comprehensive opinion in November 1995, attempting to reconcile the shared custodial arrangement with the CSSA requirements. The court concluded that the CSSA applied but that the basic support percentages should not be used in shared custody cases. The court then applied the factors outlined in Domestic Relations Law § 240 (1-b)(f) and fixed the father’s basic child support obligation at $750 per month. The Appellate Division affirmed this decision. The Court of Appeals granted leave to appeal.

Issue(s)

1. Whether the CSSA applies to cases of shared custody.

2. Whether, in a shared custody case, the trial court can bypass the three-step statutory formula set forth in the CSSA and directly apply the factors in Domestic Relations Law § 240 (1-b)(f) to determine the child support obligation.

3. Whether a

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