Stevens v. Stevens

*874Child support payments may be waived prospectively, before the obligation to make such payments has accrued (see Matter of O’Connor v Curcio, 281 AD2d 100 [2001]). The party claiming a waiver must come forward with evidence of a voluntary and intentional relinquishment of a known and otherwise enforceable right to child support (see Matter of Barrio v Montanez, 71 AD3d 1140 [2010]). We agree with the Supreme Court that while the evidence supports a finding that the plaintiff waived her right to child support for the parties’ son, upon their agreement for the defendant to take physical custody…