Justice Jeffrey Goodstein
Husband moved to vacate a judgment of divorce for failing to comply with Domestic Relations Law §240(1-b)(i). He argued he was not represented at the time of the execution of the stipulation, and was never provided with a copy of the Child Support Standards Chart (CSSC), as required under §240(1-b)(i). Wife claimed the stipulation and judgment all conformed with the requisite statutes, noting the only time husband was not represented was at the execution of the stipulation. The court noted the addendum within the stipulation noted neither party was represented in the negotiation and execution of the stipulation, ruling such addendum was controlling. Thus, as the parties were unrepresented during the execution, §240(1-b)(i) applied to the extent that the CSSC had to be received by the parties, and if not, a judgment should not be entered. Therefore, the court concluded the child support provisions within the stipulation and judgment were invalid, unenforceable, and vacated. Yet, vacating such provisions for failing to comply with §240(1-b)(i) did not vacate the entire judgment or stipulation and husband was still obligated to pay child support for the children pending a final determination.
