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The Appellate Division found the settlement agreement did not meet the CSSA's requirements. It did not state that the parties were advised about the CSSA. It also did not say the basic support amount matched what the law would presumptively require. Because of this, the court sent the case back to the lower court. A judge must now recalculate the basic child support obligation. This includes figuring out each parent's share of add-on expenses, like health care or childcare costs. Until that happens, Williams must keep paying the original $2,184 per month, plus half of add-on expenses. Any difference will be adjusted later.
Elizabeth Odom and Bayete Williams divorced. They signed a settlement agreement in November 2018. In it, Williams agreed to pay $2,184 per month in child support. A judgment of divorce was entered in January 2022, which included this agreement. Williams later appealed part of the judgment. The case went to New York's Appellate Division, First Department. The court looked closely at whether the settlement agreement followed New York's Child Support Standards Act, known as the CSSA. This law sets specific rules for how child support agreements must be written.
The CSSA requires parents to state certain things in their agreement. They must say they were told about the CSSA guidelines. They must also say they understood that following the standard formula would likely produce the correct support amount. The question here was simple: did this settlement agreement include those required statements? If not, could the support amount stand as written?
This case shows that child support agreements in New York must follow strict CSSA language rules. Even if both parents agree on an amount, missing language can undo that part of the agreement later. Courts can send cases back for recalculation, even years after a divorce is finalized. This matters for anyone drafting or reviewing a support agreement in New York.
Talk to a licensed family law lawyer in New York.