Articles Posted in Child Support

Published on: | by

Many married people with children ultimately decide to end their union. As such, in addition to relying on the courts to determine their rights and obligations with regard to assets and liabilities, they will look to the courts to decide how custody should be divided. While New York law is clear that custody determinations must be in a child’s best interests, in some cases, the court’s decisions do not reflect that and can be challenged. In a recent ruling in which the court amended the trial court’s order, a New York court discussed the grounds for overturning custody determinations. If you intend to seek a divorce and want to know how it may impact your parental rights, it is smart to speak to a New York child custody attorney promptly.

Factual and Procedural Background

It is reported that the parties were married in April 2013 and had two children together. In July 2018, they began living separately, and in February 2022, the husband initiated an action for divorce and ancillary relief. The wife responded with an answer, asserting various counterclaims, including one for child support. The court held a nonjury trial to address issues concerning custody, parental access, child support, and equitable distribution of marital property.

Continue reading

Published on: | by

It is not uncommon for New York couples to enter into prenuptial or post-nuptial agreements that define their rights and obligations with regard to property and assets in the event that they divorce. Marital agreements do not necessarily resolve all disputes over finances, though, as demonstrated in a recent New York ruling in which the parties disagreed over what constituted appropriate child support and maintenance awards. If you want to end your marriage, it is essential to understand your rights, and you should confer with a New York divorce attorney as soon as possible.

History of the Case

It is alleged that the parties were married in March 2000 and have two children. In March 2012, they entered into a postnuptial agreement, which was later amended. In June 2012, the wife initiated a divorce action seeking ancillary relief. Following a nonjury trial, the trial court issued a ruling in October 2018, ruling on matters including maintenance, child support, equitable distribution, and attorneys’ fees. The judgment of divorce was finalized in December 2018. The wife then appealed specific portions of the divorce judgment. 

Continue reading

Published on: | by

In many New York divorce actions, one party will seek child support and maintenance from the other while the dissolution is pending. The courts generally require both parties to submit documentation of their assets and liabilities prior to granting such requests. If a party fails to offer such proofs when making the requests but provides them at a later date, the courts can still consider them as long as the delayed presentation does not prejudice the opposing party, as discussed in a recent New York ruling. If you are contemplating ending your marriage, it is prudent to speak to a New York divorce lawyer about your options.

History of the Case

It is reported that the wife initiated a divorce action in June 2021, seeking both a dissolution of the marriage and ancillary relief. Several months later, in October 2021, the wife filed a motion requesting temporary spousal support, temporary child support, and interim counsel fees. The trial court issued an order granting the wife’s requests. The husband, disagreeing with this decision, appealed the order, specifically challenging the award of temporary spousal maintenance, temporary child support, and interim counsel fees.

Evidence Sufficient to Sustain a Request for Temporary Support in a Divorce Action

On appeal, the court reviewed the trial court’s decision, focusing on the procedural requirements for such motions in divorce actions. In doing so, the court noted that under the relevant New York court rules, a party seeking maintenance, child support, or counsel fees must submit a sworn statement of net worth along with a signed retainer agreement when making their motion. Continue reading

Published on: | by

Generally, New York law dictates that child support obligations end when the child in question turns 21. Parents are free to extend their support obligations via a stipulation; however, for example, it is not uncommon for divorcing parents to develop an agreement defining obligations for their children’s college tuition. As demonstrated in a recent New York opinion, the courts will usually deem such provisions enforceable. If you need assistance with a child support dispute, it is wise to consult a New York child support lawyer to determine your options.

History of the Case

It is alleged that the husband and the wife were married and had three children together. The wife initiated divorce proceedings, and all ancillary matters were resolved through a Stipulation of Settlement in 2017. The stipulation addressed, among other things, child custody, child support, and college expenses. Pursuant to the Stipulation, the wife had sole physical custody of the children, while the husband was obligated to pay child support. The parties were divorced by a Judgment of Divorce later that year.

It is reported that the Stipulation included provisions regarding the children’s future college expenses and the husband’s obligation to maintain a life insurance policy for the benefit of the children. The wife subsequently filed a motion seeking an upward adjustment of child support based on the husband’s increased income, contribution towards college expenses, and proof of compliance with the life insurance provision. Continue reading

Published on: | by

New York law dictates that all parents must provide for their children financially. As such, when the parents of a child divorce, the court will often order one parent to pay the other child support. The courts rely on child support guidelines to determine what constitutes an appropriate support obligation. The courts are not strictly bound by the guidelines, however, but can exercise discretion and deviate from the parameters set forth by the guidelines when deemed appropriate, as demonstrated in a recent New York ruling. If you want more insight into your rights and obligations with regard to child support, it is smart to talk to a New York child support attorney as soon as possible.

Factual History and Procedural Setting of the Case

It is reported that the mother and the father were married in January 2014, and the mother adopted the father’s child from a prior relationship in December 2015. In April 2018, the mother initiated divorce proceedings, seeking ancillary relief. By March 2019, the parties reached a settlement agreement concerning child custody and parental access.

Allegedly, in October 2019, following a nonjury trial, the court rendered a decision determining that the mother should pay the father $150 per month in child support, a downward deviation from the Child Support Standards Act (CSSA) guidelines. The court justified this deviation by considering factors such as shared physical custody, similar incomes, medical insurance coverage, the child’s eligibility for government benefits, the short duration of the marriage, and the mother’s adoption of the father’s biological child. The father appealed. Continue reading

Published on: | by

New York law states that parents have an obligation to provide for their children financially. In cases in which parents share custody of a child, this often means that one parent will be required to pay child support to the other. In matters in which parents have equal custody rights, the courts will often impose the child support obligation on the parent who earns a higher income, as demonstrated in a recent New York case. If you are dealing with a child support dispute, it is prudent to talk to a New York child support attorney about your options.

Case Setting

It is reported that the father and mother were married and had two children, who were born in 2006 and 2010; they divorced in 2017. The divorce judgment initially ordered the father to pay $641.86 per week in child support. Following a hearing, a Support Magistrate modified the child support obligations, ordering the mother to pay the father $150 weekly, deeming him the custodial parent.

Allegedly, the mother objected, arguing that, despite equal custody, the father, as the monied spouse, should be the noncustodial parent. The father also objected, contending that the Support Magistrate erred by not imputing income to the mother. The court denied both objections, and both parties appealed. Continue reading

Published on: | by

In New York, when determining whether to impose child support calculations, the courts will assess, among other things, the parties’ income. In doing so, the court will not only evaluate the parties’ stated income but may also impute income to them based on the evidence of record. This was demonstrated in a recent New York ruling issued in a child support case, in which the court explained the grounds for imputing income to a party. If you need assistance navigating a child support dispute, it is wise to meet with a New York child support lawyer promptly.

Factual Background

It is reported that the parties got married in 1994 and had two children. The wife initiated divorce proceedings in May 2016, leading to a nonjury trial in December 2017 to address various issues such as custody, child support, parental access, equitable distribution, and counsel fees. The trial court imputed an annual income of $72,000 to the husband for the purpose of calculating child support. As a result, the court ordered the husband to pay $1,384.10 per month in basic child support and 66% of the children’s unreimbursed undergraduate college and medical expenses. Subsequently, the court entered a judgment of divorce, which the husband appealed.

Continue reading

Published on: | by

In New York, judgments of divorce will typically not only legally end a couple’s marriage but will also establish their rights and obligations with regard to child support, spousal maintenance,  and property division. As such, if a party fails to comply with the terms of a divorce judgment, they can be held in contempt. Recently, a New York court discussed the burden of proof for a party asking the court to hold their former spouse in civil contempt in a divorce case. If you have questions about the legal process of ending your marriage, it is in your best interest to talk to a New York divorce lawyer at your earliest convenience.

History of the Case

Allegedly, the parties in this case were married in 1993 and had four children. They got divorced, and a judgment of divorce was entered in October 2016. The divorce judgment was based on a decision that resulted from a trial held in February 2015. This decision from the trial was incorporated by reference into the final divorce judgment.

Continue reading

Published on: | by

In many New York divorce actions, the courts will find it fitting to order one party to pay the other spousal or child support. Typically, support obligations are based, in part, on the income of both parties. In cases in which the courts believe a party is learning less than they are able to, however, the courts may impute income to them. In a recent New York divorce action, the court discussed when the imputation of income is appropriate. If you are considering ending your marriage, it is recommended that you meet with a New York divorce attorney to discuss how your decision may impact you financially.

The History of the Case

It is reported that the parties were married and subsequently divorced. The final judgment of dissolution addressed spousal maintenance, child support, custody arrangements, and property distribution. The husband appealed on several grounds, and the wife filed a cross appeal.

Continue reading

Published on: | by

The cost of raising a child increases each year, and few people can afford it alone. As such, in cases in which parents split custody of a child, the courts will often order one parent to pay the other child support. If a parent refuses to pay child support, they can be held in contempt and may be incarcerated. As discussed in a recent New York ruling, however, the courts may be reluctant to both sentence a parent to serve time in prison and order them to pay child support arrears. If you have questions about your rights pertaining to child support, it is wise to confer with a New York child support attorney as soon as possible.

Factual and Procedural History of the Case

It is reported that the husband filed a motion requesting the court to find the wife in contempt of court for deliberately failing to comply with court orders to pay monthly child support and maintenance. The amount in arrears exceeded $48,000. The court ordered the wife to pay half of the arrears by a certain date in order to avoid further sanctions.

Allegedly, the wife failed to fully pay the purge amount. Consequently, the court issued an Order of Commitment, resulting in the wife’s imprisonment for a maximum term of three weeks. After the wife was released from custody, the court addressed the issue of whether the wife’s incarceration satisfied the purge amount. Continue reading

Contact Information
20 Vesey St #400
New York, NY 10007
Phone: (212) 706-2001
ATTORNEY ADVERTISING

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

Please do not include any confidential or sensitive information in a contact form, text message, or voicemail. The contact form sends information by non-encrypted email, which is not secure. Submitting a contact form, sending a text message, making a phone call, or leaving a voicemail does not create an attorney-client relationship.

Copyright © 2019 – 2024, Rudyuk Law Firm
JUSTIA Law Firm Blog Design