Is a father's support agreement which does not make any provision for the father to provide support for his children void on its face?

"New York", United States of America

The following excerpt is from Jentoft-Nilsen v. Jentoft-Nilsen, 109 Misc.2d 12, 439 N.Y.S.2d 610 (N.Y. Fam. Ct. 1981):

Prior cases have held that a separation agreement which did not make any provision for a father to provide support for his children was void on its face since it was in contravention of the father's statutory obligation to support his children. LaPorte v. LaPorte, 85 Misc.2d 1009, 381 N.Y.S.2d 752 (1976); Belaustegui v. Belaustegui, 85 Misc.2d 1015, 380 N.Y.S.2d 950 (1976). A child's mother should now be held to the same standard. Section 461, subd. a and Section 413 Family Court Act.

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