Divorce: New York

Divorce: New York

Tag Archives: Severability

Settlement Agreement’s Failure to Include C.S.S.A. Recitation Invalidates Entire Agreement

Posted in Agreements and Stipulations, Child Support (C.S.S.A.)
The First Department, in its February 19, 2013 decision in David v. Cruz, threw out an entire settlement agreement because of its failure to include  language required by the Child Support Standards Act. The C.S.S.A. sets out a presumptive formula for the calculation of a parent’s child support obligation. Parents are free to agree to … Continue Reading

Severability: When Only One Provision of a Divorce Settlement Agreement Is Invalid

Posted in Agreements and Stipulations, Child Support (C.S.S.A.), Modification, Settlement
What happens when only one provision of an agreement is invalid because it violates some statute or public policy?  The answer may depend on who the court wants to benefit, instead of consistently-applied rules of contract law. Take, for example the April 5, 2011 decision of the Second Department in Duggan v. Duggan.  In that … Continue Reading