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WILLIAM DAVID, plf-ap, v. ONILDA CRUZ, def-res

8900N. WILLIAM DAVID, plf-ap, v. ONILDA CRUZ, def-res — Bernfeld, DeMatteo & Bernfeld, LLP, New York (Jeffrey L. Bernfeld of counsel), for ap — Daniel S. Perlman, New York, for res — Order, Supreme Court, Bronx County (Mark Friedlander, J.), entered on or about August 10, 2011, which, insofar as appealed from, upon renewal of plaintiff's cross motion to enforce a settlement agreement, partially granted the cross motion, unanimously reversed, on the law, without costs, and the cross motion denied in its entirety.

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8900N. WILLIAM DAVID, plf-ap, v. ONILDA CRUZ, def-res — Bernfeld, DeMatteo & Bernfeld, LLP, New York (Jeffrey L. Bernfeld of counsel), for ap — Daniel S. Perlman, New York, for res — Order, Supreme Court, Bronx County (Mark Friedlander, J.), entered on or about August 10, 2011, which, insofar as appealed from, upon renewal of plaintiff’s cross motion to enforce a settlement agreement, partially granted the cross motion, unanimously reversed, on the law, without costs, and the cross motion denied in its entirety.

An agreement purporting to opt out of the basic child support obligations set forth in the Child Support Standards Act (CSSA) must “include a provision stating that the parties have been advised of the provisions of [the CSSA],” must specify the amount that the basic child support obligation would have been, and the reason or reasons for the deviation (Family Court Act §413[1][h]; Domestic Relations Law §240[1-b][h]; see Baranek v. Baranek, 54 AD3d 789 [2d Dept 2008], lv dismissed 14 NY3d 903 [2010]).

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