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Saving Agreements with Defective or Missing Temporary Maintenance Agreements
Editor's Note: In 2010, New York's Legislature enacted Domestic Relations Law (DRL) ' 236, Part B, subd. 5-a, in 2010. The statute, among other things, requires that agreements concerning temporary maintenance that deviate from its formula must, to be be enforceable, contain calculations for the amount that would have been set by the formula, along with a recitation that that amount is the presumed correct number, yet the parties deviated from it for reasons enumerated in the agreement. This statute's language is identical to that in The Child Support Standards Act, Family Court Act ' 413 subd. 1(h). But, although there are many cases concerning the viability of agreements that deviate from the child support guidelines, few judicial opinions have interpreted whether temporary maintenance agreements that lack the required opt-out provisions are enforceable.
The author continues here with more suggested arguments for saving a temporary maintenance agreement that does not contain the language and recitations required by subdivision 5-a(f) of DRL ' 236B.
6. If the parties have lived under the agreement for some time, it can be argued that they have ratified the agreement despite the lack of recitals.
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