New York Divorce Lawyer Blog
In New York child support cases, it is not uncommon for one parent to request an upward modification if they believe the other parent’s income has increased. However, courts require clear, specific proof before altering an existing support order. A recent New York decision highlights how even credible concerns about increased earnings may fall short without proper documentation and procedural precision. If you are considering a modification of child support or defending against one, it is essential to understand what courts require and to consult a knowledgeable New York family law attorney before moving forward.
Factual and Procedural History
It is reported that the parties are the parents of a child born in 2015. Allegedly, beginning in 2020 and continuing into 2021, the parties filed more than two dozen petitions in Family Court raising issues that included child support disputes, interference with parenting time, and allegations of harassment. These matters were consolidated for a joint hearing that commenced in June 2021.
Allegedly, after the hearing had already begun, the mother filed a separate petition in July 2021 seeking an upward modification of the father’s child support obligation. The petition did not identify the specific support order the mother sought to modify, nor did she introduce that order into evidence. It appears that the operative order was entered on consent in January 2020 and required the father to pay $100 per week in child support, which both parties acknowledged was a voluntary upward departure from a lower guideline amount based on the father’s limited documented income at the time.
It is alleged that in support of her modification request, the mother asserted that the father had new employment and prior cash income not reflected in the existing order. During the hearing, the father testified about recent employment in construction and roofing, fluctuating earnings, prior informal work, and later incarceration for violating an order of protection. The mother sought to rely largely on this testimony to establish a basis for increased support. The trial court ultimately dismissed the mother’s petition with prejudice for failure to state a cause of action, prompting her to appeal.
Grounds for Granting Child Support Modifications
The court began its analysis by reiterating the statutory standards governing child support modifications. A party seeking modification must demonstrate either a substantial change in circumstances or a qualifying change in income since the prior order. This requires a comparison between the parties’ financial circumstances at the time of the existing order and at the time of the modification request.
The court agreed with the trial court that the mother failed to make a prima facie showing warranting an upward modification. The record lacked essential evidence regarding the financial basis of the original support order, including the order itself. Without that information, the court could not meaningfully assess whether the father’s income had changed to a degree sufficient to justify modification. The court also noted that the mother’s evidence regarding the father’s earnings was limited, inconsistent over time, and insufficient to meet the statutory threshold for modification.
However, the court found that while dismissal of the petition was appropriate, dismissal with prejudice was not. The court emphasized that the trial court retained continuing jurisdiction over child support matters and that a parent is not barred from filing a future modification petition upon a proper evidentiary showing. Accordingly, the court modified the order to dismiss the petition without prejudice, preserving the mother’s ability to seek modification in the future if supported by adequate proof.
Meet with an Experienced New York Child Support Attorney
If you are seeking to modify a child support order or responding to a modification petition, it is smart to talk to an attorney as soon as possible. Attorney Ksenia Rudyuk of Rudyuk Law Firm has extensive experience handling complex child support matters and can help you evaluate your options and present a strong case. To schedule a consultation, contact Rudyuk Law Firm at (212) 706-2001 or complete our online form.