How Does the DRL 240(1-b) Child Support Formula Work and Can We Deviate in Mediation? - Ryan Besinque
Notas del episodio
From The Law Office of Ryan Besinque - How Does the DRL 240(1-b) Child Support Formula Work and Can We Deviate in Mediation? explores how the Child Support Standards Act (CSSA) shapes child support calculations across Manhattan and New York City, and how parents can navigate these rules through mediation. This podcast breaks down DRL 240(1-b), explaining how courts in Supreme Court and Family Court apply the “presumptively correct” formula while still allowing flexibility through negotiated agreements.
Listeners will gain a clear understanding of how combined parental income is calculated under the CSSA, how statutory percentages are applied, and how thresholds like the CPI-U-adjusted income cap influence outcomes. The discussion highlights key legal frameworks found in both DRL 240(1-b) and Family Court Act 413, while also examining how courts interpret these rules in real-world cases throughout Brooklyn, the Bronx, Queens, Westchester County, and Nassau County.
The episode also dives into the practical side of mediation, showing how parents can responsibly deviate from guideline amounts by referencing statutory factors and meeting strict legal requirements. Important case law, including Bast v. Rossoff from the New York Court of Appeals and Baraby v. Baraby from the Third Department, is woven into the conversation to illustrate how shared custody and income disparities are handled in modern child support determinations.
Featuring insights grounded in years of experience, Ryan Besinque of The Law Office of Ryan Besinque shares how families can structure agreements that reflect their financial realities while remaining enforceable in courts like the New York County Family Court and New York County Supreme Court. With a background that includes the Manhattan Assigned Counsel Panel and education from the University of San Diego School of Law, this episode offers a thoughtful look at balancing legal precision with practical family needs.
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