Articles Posted in Child Support

The COVID-19 pandemic has caused significant financial losses for many people. Thus, many parents who owe child support are late on making payments, and consequently, many parents who rely on child support are not receiving the payments they are owed. As many of the courts throughout the State are closed for new filings except for emergencies, parents seeking enforcement of child support orders and agreements are uncertain of their options.  Fortunately, despite the pandemic, there are measures parents who are owed support can take to seek any payments that are in arrears. If you are a resident of New York and have concerns regarding late child support payments, it is in your best interest to consult an experienced New York child support attorney regarding your rights.

Enforcement of Child Support Orders During the Covid-19 Pandemic

Parents who are owed child support should continue to receive payments during the pandemic, as all payments received are still being processed. Thus, any payments made should be disbursed as usual. If a noncustodial parent can no longer afford to make payments due to a loss of income, he or she can seek a modification. Absent a modification, however, a parent obligated to pay child support pursuant to a court order must pay the full amount owed, on the date, it is owed, despite the pandemic.

Parents who fail to make timely payments in full may be subject to enforcement actions, such as the suspension of driver’s or professional licenses, interception of State and federal tax refunds, freezing of financial assets, and liens against real and personal property. Parents who fail to make child support payments may also be reported to credit bureaus. These actions are referred to as administrative penalties and are available without going to court. The action available in an individual case depends on the amount overdue and the length of the delay in making payments. Currently, the Child Support Offices in many areas throughout the State are closed, as are New York Family Courts for child support matters. Thus, parents who are owed support should seek assistance by contacting their local child support office or the State offices via telephone or email. Parents who are obligated to pay but cannot pay due to a loss of employment, also have options.

Continue reading

Rudyuk Law Fim will continue to update you on new developments and information in light of COVID-19 pandemic which affects divorce litigation and family law procedures in NYC.

Last evening, New York State Unified Court System Chief Administrative Judge Lawrence K. Marks issued an administrative order outlining additional steps the court system is taking to limit the spread of the coronavirus.

“Effective immediately, the prosecution of any pending civil matters including any discovery that would require in-person appearances or travel is strongly discouraged.

AN IMPORTANT NOTE FROM MY FIRM:

As we all fight the unprecedented pandemic caused by the COVID-19 (Coronavirus), my firm remains readily available to our divorce and family law clients and new clients. If you have any questions or concerns regarding your divorce action, co-parenting during difficult times, child support, family offense or if you need updates or require assistance, please do not hesitate to reach out to us. You can email me at  ksenia@cadicny.com or Diana at assistant@cadicny.com. Also, do not hesitate to call at 212-706-2001 and reach us through Skype: Rudyuk Law Firm.

We are closely monitoring the situation and following information provided by the Centers for Disease Control and Prevention (CDC), World Health Organization, regulators and local public health departments, the New York State Governor, the New York City Mayor.

In many instances in which a couple with a child divorces, one spouse will be the primary income earner, while the other will be responsible for raising the child. Thus, it is not uncommon for a court to order one parent to pay child support to the other. Support obligations are not permanent, however, and can be modified under certain circumstances.  In a recent case, a New York court discussed the burden of proof imposed on a party who wishes to obtain a modification of a support obligation. If you receive or pay child support pursuant to a court order and want to seek a modification, you should meet with a New York child support attorney to discuss the evidence that you must produce to obtain a modification.

Facts and Procedure of the Case

The mother and the father divorced in 2014. The mother was granted sole custody of their only child, and the father was ordered to pay approximately $2,500.00 per month in child support. In 2018, the father sought a modification of his support obligation. In his petition, the father alleged that he was wrongfully terminated, resulting in a reduction of his income of over 15%, and that the mother’s income had increased by more than 15%. Following a hearing, the court denied the father’s petition. The father then appealed.

Proving That a Support Modification is Warranted

Under New York law, a party seeking a modification of a child support obligation must establish that there has been a significant change in circumstances that warrants a modification. In assessing whether a change in a parent’s circumstances warrants a modification of a support obligation, the court will evaluate several factors, including the child’s needs, an increase in the cost of living, a loss of income or assets of either parent, and a significant improvement in the financial situation of either parent.

Continue reading

Contact Information