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New York Court Discusses Modification Requests in Child Support Cases

Published on: August 29, 2025 | by Rudyuk Law Firm

Child support obligations in New York are grounded in a parent’s ability to support their children, not merely their reported income. While disability retirement may affect a parent’s financial picture, it does not automatically warrant a reduction in child support. Courts will closely scrutinize whether the parent has made good-faith efforts to maintain employment within their physical capacity. A recent decision from a New York court demonstrates this principle and reaffirms that the burden remains on the parent seeking a downward modification to prove both a legitimate loss of income and continued effort to remain employable. If you are facing a petition to modify child support or need to challenge one, it is critical to speak with a knowledgeable New York divorce and family law attorney.

History of the Case

It is reported that the parties were divorced by judgment dated August 3, 2017. Allegedly, the terms of the parties’ stipulation of settlement, executed in May 2017, were incorporated but not merged into the judgment of divorce. That stipulation reflected a pre-existing order requiring the father to pay $989 biweekly in child support for the parties’ two children, in addition to 77% of unreimbursed medical expenses.

It is further reported that in March 2022, the father’s support obligations were modified by court order to $936 biweekly in basic child support and 64% of unreimbursed medical costs. Then, in May 2023, the father filed a petition seeking a downward modification of that March 2022 order, claiming a substantial change in circumstances due to his approval for disability retirement from his position as an assistant sanitation foreman for the Village of Scarsdale. Continue reading

Court Analyzes Equitable Distribution in New York Divorce Actions

Published on: May 22, 2023 | by Rudyuk Law Firm

It is not uncommon for married couples to share finances, regardless of each party’s individual earnings. If they divorce, though, they may disagree regarding property rights. New York is an equitable distribution state, which means that the courts divide assets in a fair, rather than equal, manner in divorce actions. As discussed in a recent New York opinion, however, in many instances, the courts aim to distribute property as equally as possible. If you are contemplating ending your marriage, it is in your best interest to speak to a New York divorce attorney regarding what actions you can take to protect your interests.

Factual and Procedural Background of the Case

It is reported that the parties, who were married for seventeen years, divorced. The court issued an order dividing the couple’s marital assets. Specifically, among other things, the order determined that one of the couple’s businesses had no value at the time the divorce action began and, therefore, made no distribution for that business. The court granted the wife 30% of the value of another business and 40% of the value of third. The wife appealed, arguing in part that the trial court improperly valued and divided the couple’s business interests.

Equitable Distribution in New York Divorce Actions

On appeal, the court modified the trial court ruling. With regard to the valuation of the first business, the court noted that the parties agreed to value their marital business interests near the start of their proceedings. Continue reading

How to Modify Child Support Due to Loss of Employment During COVID-19

Published on: April 16, 2020 | by Rudyuk Law Firm

The novel Coronavirus pandemic continues to spread across the U.S.

A lot of states ordered nonessential businesses to close for some period, which causes significant financial losses for many of them. Thousands of people lost their jobs as a result. U.S. Media reported that over 16 million Americans applied for unemployment benefits in the last three weeks.

Parents who are divorced or separated now face challenges providing financial support to their children. How can an unemployed parent continue to pay child support? What can you do while the Courts are closed?