NEW YORK Part 68

What if the other parent and I have already worked out a plan for child support in our separation agreement? Can we use that instead of the guidelines?

Yes. You both can waive the basic child support obligations as long as the waiver is in writing, states what the basic child support obligation would have been, and states the reasons why your agreement should be adopted instead. Your agreement must also recite that you have been advised of Domestic Relations Law § 240 (1-b) and Family Court Act § 413(1)(b) and that the basic child support obligation would presumptively result in the correct amount of child support to be awarded. The reason for this is to assure that the parties are aware of their rights and obligations under the law and knowingly waive such rights. This provision may not be waived by either party or counsel. In other words, both parents must agree to go around the child support guidelines. And even when there’s an agreement, it’s not valid until approved by the court.