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Stipulation that Did Not Comply with Child Support Standards Act Upheld

In upholding a child support stipulation which did not comply with the Child Support Standards Act (CSSA), the Second Department explained the procedure for waiving the act:

Parties to a separation agreement are free to “opt out” of the provisions of the CSSA so long as their decision is made knowingly … . To ensure that waivers of the statutory provisions of the CSSA are truly knowingly made, Domestic Relations Law § 240(1-b)(h) requires specific recitals: (1) that the parties have been made aware of the CSSA; (2) that they are aware that the guidelines would result in the calculation of the presumptively correct amount of support; (3) that in the event the agreement deviates from the guidelines, it must recite the presumptively correct amount of support that would have been fixed pursuant thereto; and (4) the reason for the deviation … . The policy reasons underlying the requirement that waivers must be knowingly made are so strong that agreements that do not comply with the strictures of the CSSA are invalid and unenforceable, at least to the extent of the child support provisions set forth therein… . Rockitter v Rockitter, 2014 NY Slip Op 00336, 2nd Dept 1-22-14

 

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