Articles Posted in Child Support

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

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.

The New York courts place great importance on a parent’s duty to financially support their child. As such, if the courts determine that a party neglected to uphold their support obligation, they may choose to impose sanctions on the party. Not all failures to pay child support are sanctionable, though, as demonstrated in a recent New York opinion issued in a matter arising out of a dispute over a father’s financial obligations to his children. If you need assistance with a child support matter, it is in your best interest to contact a knowledgeable New York child support lawyer to assess your rights.

Factual and Procedural History of the Case

It is reported that the mother and father shared custody of their three children, and the father had an obligation to pay the mother child support. The father neglected to pay support for an unspecified period of time, and the mother filed a motion for enforcement and for sanctions. The support magistrate determined, among other things, that the father’s failure to pay child support was not willful. He also declined to grant the mother’s request that the court order the father to pay half of one of the children’s private school tuition. The mother appealed.

The Court’s Findings

The appellate court affirmed the trial court ruling. First, the court found that the support magistrate’s finding that the father’s failure to pay child support was not willful was entitled to great deference, as it rested largely on the magistrate’s credibility determinations. Specifically, the magistrate found that the father credibly testified that he was unable to seek regular employment due to his parenting responsibilities. Continue reading

When couples with children divorce, one parent will often bear the burden of paying the other child support. Child support obligations that are instituted when children are young may need to be revisited over time, as changing circumstances may render them inappropriate. Not all changes warrant modifications to support orders, though, as demonstrated in a recent ruling issued in a New York child custody case. If you have questions about your rights and obligations with respect to child support, it is in your best interest to consult a New York child support lawyer to discuss your case.

The History of the Case

Reportedly, the mother and the father were married and had three children together. They divorced in 2017 and entered into a stipulation regarding child support. Pursuant to the stipulation, the father agreed to pay the mother $3,250 in child support each month until December 1, 2020, when his support obligation increased to $4,157. The court incorporated the stipulation into the divorce judgment.

It is alleged that in 2020, the father filed a petition asking the court to make a downward modification of his child support obligation. He argued that a substantial change in circumstances warranted the obligation; namely, his oldest child turned 21 and was emancipated. The mother moved to dismiss the petition. The trial court granted the mother’s motion, and the father appealed. Continue reading