New York law demands that parents support their children financially, and in many shared custody cases, the courts will order one parent to pay the other child support, subject to the terms of a support order. The law also recognizes that circumstances can change over time and allows parties to seek modifications of support orders. The courts will only grant such requests if the moving party offers sufficient evidence demonstrating an amendment is warranted, though, as discussed in a recent New York ruling. If you have questions about child support, it is advisable to speak with a New York child support lawyer.
Factual and Procedural History
It is reported that the mother and the father, who were divorced, shared joint custody of their minor child, born in 2004. In March 2020, the father filed a request for a modification of the support order due to termination of his employment. Subsequently, in September 2021, both parties agreed to reduce the father’s child support obligations. In May 2022, after being laid off from another job, the father sought modification of the September 2021 order, citing a “substantial and unanticipated change in circumstances.” He requested suspension of his support payments until he found new employment and that the mother be required to pay him child support. The father amended his petition in July 2022 to include a claim that a “temporary medical emergency” prevented him from working for an extended period.
Allegedly, the Support Magistrate dismissed the petitions, concluding that the father had not demonstrated sufficient efforts to obtain employment or provided competent medical evidence to prove his inability to work. The father subsequently objected to this decision, arguing that the Support Magistrate did not adequately consider his involuntary job loss, job-seeking efforts, and the impact of his injury on his ability to work. The trial court denied these objections, and the father appealed. Continue reading