Zenz v. Zenz

Decision Date12 April 1999
Citation689 N.Y.S.2d 167,260 A.D.2d 474
CourtNew York Supreme Court — Appellate Division
PartiesLILA ZENZ, Respondent,<BR>v.<BR>FREDRIC ZENZ, Appellant.

Altman, J. P., Friedmann, McGinity and Luciano, JJ., concur.

Ordered that the order is reversed, on the law, with costs, and the matter is remitted to the Supreme Court, Putnam County, for a hearing and a new determination in accordance herewith.

Since both the provision of the judgment concerning the appellant's child support obligation and the stipulation upon which it was based violated the Child Support Standards Act (hereinafter the CSSA) in that they failed to include provisions stating that the parties had been apprised of their rights under the CSSA, the amount that would have been awarded under the CSSA, and the reason for deviating from the CSSA amount, they were invalid and not enforceable (see, Matter of Philips v Philips, 245 AD2d 457; see also, Matter of Bill v Bill, 214 AD2d 84; Vernon v Vernon, 239 AD2d 108). The matter is remitted to the Supreme Court, Putnam County, for a determination of the amount of the appellant's child support obligation which complies with the CSSA (see, Matter of Philips v Philips, supra).

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3 cases
  • V.S. v. A.S.
    • United States
    • New York Supreme Court
    • November 30, 2017
    ...the basic child support obligation, and failed to set forth the reasons for deviating from the guidelines."); Zenz v. Zenz, 260 A.D.2d 474, 689 N.Y.S.2d 167 (2d Dept.1999). (Cited at Deft. Mem. pp. 4–5).Thus, the practical import of the case law applying DRL 240(1–b)(h) is clear: as long as......
  • Jessup v. LaBonte
    • United States
    • New York Supreme Court — Appellate Division
    • December 10, 2001
    ...requirements for a valid opt-out agreement (see, Domestic Relations Law § 240[1-b][h]; Toussaint v. Toussaint, 270 A.D.2d 338; Zenz v Zenz, 260 A.D.2d 474; Tartaglia v. Tartaglia, 260 A.D.2d 628; Matter of Phillips v. Phillips, 245 A.D.2d 457; Sloam v. Sloam, 185 A.D.2d Thus, the stipulatio......
  • MATTER OF A & F GULF SERVICE, INC. v. JACKSON, JR.
    • United States
    • New York Supreme Court — Appellate Division
    • April 12, 1999

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