In New York divorce proceedings, a properly executed stipulation of settlement can carry significant weight in determining the financial and custodial obligations of the parties. Specifically, once they are incorporated into a judgment of divorce, such agreements are treated as enforceable contracts, and courts will generally uphold them absent evidence of ambiguity, fraud, or unfairness. As such, it is important that such agreements are clear and entered into with thought and consideration, as they are difficult to challenge, as demonstrated in a recent New York divorce action. If you are considering ending your marriage, it is crucial to work with a skilled New York divorce attorney to protect your interests.
History of the Case
It is reported that the husband and wife were married in 2018 and had one child together. The wife commenced an action for divorce and ancillary relief in 2021. In February 2022, the parties entered into a stipulation of settlement resolving issues, including legal custody and child support. This agreement was incorporated but not merged into the judgment of divorce entered in June 2023 by the Supreme Court, Queens County.
Allegedly, the stipulation provided for joint legal custody of the child and established a detailed parenting time schedule. The husband was granted overnight parenting time two nights per week and seven hours of access on Sundays. The stipulation further required the husband to pay child support in the amount of $1,560 per month directly to the wife.
It is reported that the husband challenged aspects of the judgment, including the determination of custodial status and child support obligations. He argued that the stipulation was ambiguous and that the court had distorted its meaning by designating the wife as the custodial parent.
Grounds for Challenging Stipulations of Settlement in Divorce Actions
The court began by reiterating that a stipulation of settlement incorporated but not merged into a judgment of divorce is treated as a contract governed by standard principles of contract law. Where the language of such an agreement is unambiguous, the court must interpret it based solely on its plain terms without relying on external evidence.
The court noted that the stipulation was silent on the matter of physical custody, though it clearly provided for joint legal custody and outlined the husband’s parenting time. Under New York law, when an agreement lacks an express designation of physical custody, the court looks to which parent has the child for the majority of the time. Based on the parenting time schedule in the stipulation, the court concluded that the wife had physical custody.
Because the wife was the custodial parent, the husband, as the noncustodial parent, was obligated under the Child Support Standards Act (CSSA) to pay child support directly to the custodial parent. The court found that the $1,560 monthly child support award complied with statutory requirements. Furthermore, the court emphasized that when child support is addressed in a stipulation, it is presumed that the parties reached an equitable arrangement based on their respective incomes and the child’s needs.
The court rejected the husband’s claim that the judgment distorted the intent of the stipulation, finding no deviation from the agreement’s plain terms. As such, it held that the trial court had properly incorporated the stipulation’s provisions and enforced them in accordance with established legal standards. The court also dismissed the remainder of the husband’s contentions as meritless.
Speak to a Skilled New York Divorce Lawyer About Protecting Your Rights
If you are involved in a divorce or considering entering into a stipulation of settlement, you should talk to an attorney about how to protect your rights. Ksenia Rudyuk of Rudyuk Law Firm is an experienced New York divorce attorney who can advise you of your options and help you navigate the process. You can contact our office at (212) 706-2001 or fill out our online form to schedule a consultation and discuss your legal options.