Does the invalidity of the basic child support obligation, due to a deviation from the CSSA standards, necessarily require that the entire stipulation be vacated?

MultiRegion, United States of America

The following excerpt is from IN RE 114 TENTH AVE. ASS'N, INC., 427 B.R. 283 (Bankr. S.D.N.Y. 2010):

the invalidity of the basic child support obligation, due to a deviation from the CSSA standards . . . does not necessarily require that the entire stipulation be vacated. That a portion of an agreement may be invalid and unenforceable does not necessarily preclude the enforcement of other portions of an agreement . . . The determination as to which additional aspects, if any, of the parties' stipulation must be vacated along with the basic child support provision depends on the circumstances of the particular case and the nature of the obligations addressed in the other provisions of a stipulation. Some provisions may be so directly connected or intertwined with the basic child support obligation that they necessarily must be recalculated along with the basic support obligation.

Cimons v. Cimons, 53 A.D.3d 125, 129, 861 N.Y.S.2d 88, 91 (2d Dep't 2008).

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