Sample Separation Agreement With Children

WHEREAS, in resolving child support, the parties have considered the provisions of Domestic Relations Law Section 236(B)(7) and have been advised of the provisions of Domestic Relations Law Section 240(1-b), commonly known as the Child Support Standards Act, and have been further advised that the basic child support obligation, as determined by the formula contained in Domestic Relations Law Section 240 (1-b)(c) would presumptively result in the correct amount of child support to be awarded, the parties have considered such provisions, including the respective pro rata shares of the basic child support obligation of the custodial parent and the noncustodial parent, as determined pursuant to Domestic Relations Law Section 240(1-b)(c), as well as the variance factors enumerated in Domestic Relations Law Section 240(1-b)(f), to wit:

(1) the financial resources of the custodial and non-custodial parent, and those of the child;

(2) the physical and emotional health of the child and his/her special needs and aptitudes;

(3) the standard of living the child would have enjoyed had the marriage or household not been dissolved;

(4) the tax consequences to the parties;

(5) the nonmonetary contributions that the parents will make toward the care and well-being of the child;

(6) the educational needs of either parent;

(7) a determination that the gross income of one parent is substantially less than the other parent's gross income;

(8) the needs of the children of the noncustodial parent for whom the noncustodial parent is providing support who are not subject to the instant action, and whose support has not been deducted from income pursuant to Domestic Relations Law Section 240(1-b)(b)(5)(vii)(d), and the financial resources of any person obligated to support such children, provided, however, that this factor may apply only if the resources available to support such children are less than the resources available to support the children who are subject to the instant action;

(9) provided that the child is not on public assistance (i) extraordinary expenses incurred by the noncustodial parent in exercising visitation, or (ii) expenses incurred by the noncustodial parent in extended visitation provided that the custodial parent's expenses are substantially reduced as a result thereof.