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The appellate court found the agreement did not meet the legal requirements. The provision about child support after the first child's emancipation lacked the specific statements required by law. There was no proof Robin knowingly agreed to that specific term. Because of this, the court ruled that part of the agreement could not be enforced. The case was sent back to the lower court. That court must now decide the correct child support amount for one child, following the standard CSSA formula.
Robin and Bertram Sayles married in 1996 and had two children. In 2012, they signed a separation agreement about custody and child support. Bertram agreed to pay $1,200 a month for both kids. The agreement said this was less than the standard amount required by law. It also said Bertram would pay $600 a month once their first child became an adult, or 'emancipated.' In 2021, Robin filed for divorce. She then asked the court to cancel the $600 child support provision. She argued the agreement didn't properly explain the required legal calculations for that amount.
New York's Child Support Standards Act, or CSSA, sets a standard formula for child support. Parents can agree to a different amount. But the law says their agreement must clearly state they knew about the standard formula. It must also explain what the standard amount would have been and why they chose a different number. The question here was whether the Sayles agreement met these requirements for the $600 payment.
This case shows courts will closely check if separation agreements follow the CSSA's specific rules. Even if parties sign an agreement, incomplete or missing legal language can make parts of it unenforceable later. This matters for anyone creating or reviewing a child support agreement in New York.
Talk to a licensed family law lawyer in New York.