Can the parents agree to a different amount?
The parties are free to enter into a stipulation (agreement) in which the child support agreed upon is more or less than the CSSA basic child support obligation. The agreement must contain certain language showing that the parties were aware of what the support would have been had they used the CSSA percentages, and the “deviation” from this CSSA amount must be adequately explained by reference to a factor analysis that is found in the CSSA. Caution must be exercised in reducing the amount of support too far below what the CSSA percentages prescribe. The courts retain an ancient prerogative (“parens patriae”) to supervise and reject any settlement that does not adequately provide for the children’s needs.
