Articles Posted in Child Support

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

Raising a child is expensive, and few people can afford the cost alone. Thus, in many instances in which parents share child custody, the courts will order one parent to pay child support to the other. Numerous elements are taken into consideration in determining an appropriate monthly support obligation. Recently, a New York court explained how the time each parent actually spends with a child factors into child support decisions in a case in which the father appealed the trial court’s ruling. If you are involved in a dispute over child support, it is prudent to speak to a knowledgeable New York family law lawyer about your rights.

The Facts of the Case

It is reported that the mother and the father, who had three children, divorced. The father was granted legal custody of the children, and the mother was granted residential custody. The parties entered into a stipulation granting the father parental access with the oldest child at least every other weekend. Regarding the younger two children, he had access Fridays afternoon until after their recreational activities, every other weekend, and every Monday evening until Wednesday morning. The stipulation regarding custody contained a clause, however, that stated that, given the children’s ages, if they did not wish to spend the full amount of time dictated by the stipulation with the father, their wishes should be respected.

Allegedly, the court held a trial to determine economic issues, during which it was noted that only the middle child adhered to the parenting schedule, while the other two children spent no time with the father. The court determined that the mother was entitled to child support, and using the Child Support Standards Act, found that the father was responsible for about 37% of the basic support obligation, subject to a downward deviation. Thus, it ordered the defendant to pay $175 per week in support plus the cost of the children’s extracurricular activities and 37% of the cost of health care. The defendant appealed. Continue reading

While child support is meant to provide financial means to care for a child whose parents do not live together, it nonetheless must be fair and reasonable. As such, if the party that is paying or receiving support experiences an event or life change that affects his or her finances, it may be grounds for the modification of a support award. In a recent child support case in New York, the court discussed when a modification of a child support obligation is warranted and what the party seeking the modification must prove. If you or your co-parent are obligated to pay child support, and either of you experienced a change in circumstances, you should speak to an experienced New York child support attorney to assess your rights.

Factual History

It is reported that the mother and father married in 2002 and had a child in 2003. They entered into a separation agreement in 2014 that, in part, imposed a child support obligation on the father. The agreement was modified in 2015, and both the agreement and the addendum were incorporated into the judgment of divorce the court issued later that year.

Allegedly, in 2017, three separate actions related to child support were filed by the parties. Specifically, the father filed a request for a downward modification of his support obligation, the mother filed a pleading regarding the father’s failure to comply with his support obligation, and a second pleading asking the court to hold him in willful contempt for failing to pay. On each of the pleadings, the court found in favor of the mother. The father then appealed, arguing the court erred in denying his request for a downward modification.

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Typically, when a child support order is entered, it aims to meet the child’s needs at that time. As circumstances change, however, it may become necessary to modify a parent’s financial obligation. The court can only consider certain factors in determining what constitutes an appropriate increase in support, though, as demonstrated by a recent New York case. If you are subject to a child support order and you or your co-parent wish to seek a modification, it is critical to meet with a trusted New York child support attorney to assess what evidence the court may weigh in making a determination.

Factual History

It is reported that the mother and the father married in 2001 and had two children. They decided to divorce and, in 2009, entered into a stipulation that was incorporated into their divorce judgment. Pursuant to the stipulation, the mother had residential custody of the children, and the father agreed to pay approximately $800 per month in child support. The stipulation also stated that the parties would confer and agree on extra-curricular activity costs.

Allegedly, in 2015 the father consented to a $1,000 monthly increase to his support obligation. In 2018, the mother sought a second increase, arguing that it was warranted because of increased costs due to the children’s participation in extracurricular activities. The court granted the mother’s petition, ordering the father to pay approximately $650 per week. The father appealed.

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It is not uncommon for parents who share custody of a child to have disparate incomes. Thus, in many instances, one parent will be required to pay child support to his or her co-parent. In general terms, New York courts calculate child support obligations based on the income of both parents. As discussed in a recent New York family law case, however, income is not solely defined as income earned through employment but can include income from other sources as well, such as money from a significant other. If you or your child’s co-parent wish to seek child support, it is advisable to speak to an experienced New York child support attorney to discuss what you can do to protect your rights.

Facts of the Case

Reportedly, the mother and father were married in 2003 and had two children during their marriage. In 2013, the father filed for divorce. The parties came to an agreement with regards to custody but agreed to allow the court to determine property division and financial matters. The court subsequently awarded the mother $1,770 in monthly child support, based on the mother’s imputed annual income of $25,000 and the father’s imputed annual income of $75,000, after which both parents appealed.

Imputed Income in Child Support Cases

Under New York law, a court has broad discretion with regards to imputing income when calculating an appropriate amount of child support and is not limited to what the parties represent with regards to their finances. Specifically, a court may impute income based on a parent’s future earning capacity, employment history, educational background, and money received from friends and family. In imputing income to a parent, however, a court must provide a record that clearly indicates the source of the imputed income, the reasons for imputing income to the parent, and the calculations that resulted from the imputed income.

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