New York Divorce Lawyer Blog
Child support obligations in New York are grounded in a parent’s ability to support their children, not merely their reported income. While disability retirement may affect a parent’s financial picture, it does not automatically warrant a reduction in child support. Courts will closely scrutinize whether the parent has made good-faith efforts to maintain employment within their physical capacity. A recent decision from a New York court demonstrates this principle and reaffirms that the burden remains on the parent seeking a downward modification to prove both a legitimate loss of income and continued effort to remain employable. If you are facing a petition to modify child support or need to challenge one, it is critical to speak with a knowledgeable New York divorce and family law attorney.
History of the Case
It is reported that the parties were divorced by judgment dated August 3, 2017. Allegedly, the terms of the parties’ stipulation of settlement, executed in May 2017, were incorporated but not merged into the judgment of divorce. That stipulation reflected a pre-existing order requiring the father to pay $989 biweekly in child support for the parties’ two children, in addition to 77% of unreimbursed medical expenses.
It is further reported that in March 2022, the father’s support obligations were modified by court order to $936 biweekly in basic child support and 64% of unreimbursed medical costs. Then, in May 2023, the father filed a petition seeking a downward modification of that March 2022 order, claiming a substantial change in circumstances due to his approval for disability retirement from his position as an assistant sanitation foreman for the Village of Scarsdale.
Allegedly, following a hearing, the Support Magistrate granted the father’s request, issuing an order dated February 14, 2024, that lowered the father’s basic child support to $779 per month and reduced his share of unreimbursed medical expenses to 40%. The mother filed objections to the ruling, which were denied by the Family Court in an order dated May 7, 2024. The mother appealed.
Disability-Based Support Modifications
On appeal, the court reversed the trial court’s order and reinstated the father’s prior child support obligations under the March 2022 order. The court emphasized that a parent seeking a downward modification must demonstrate that their loss of income was not self-imposed and that they made diligent efforts to obtain employment commensurate with their ability. This standard applies even when the parent receives disability retirement benefits.
The court explained that although the father presented evidence that he had been approved for disability retirement, he failed to produce evidence that he had attempted to find alternative employment within the limits of his condition. The court concluded that he did not establish that he was entirely unable to work or that he had explored employment opportunities consistent with his physical capacity. As a result, the court held that the father did not meet the legal standard required to justify reducing his child support obligations.
Talk to a Skilled New York Child Support Attorney
If you are involved in a child support proceeding involving disability claims, retirement income, or modification petitions, having an attorney is essential. Attorney Ksenia Rudyuk of Rudyuk Law Firm is an experienced New York divorce attorney who is well-versed in how courts evaluate child support modification requests, and if she represents you, she will fight to help you get the results you deserve. Contact our office at (212) 706-2001 or complete our online form to schedule a confidential consultation.