New York Divorce Lawyer Blog
When parents seek intervention from the courts regarding child support, the courts must determine not only what a parent earns on paper, but also what that parent could earn based on qualifications, past experience, and realistic employment potential. A recent decision from a New York court highlights how courts approach disputes involving upward and downward modifications of child support, specifically, when a parent has the credentials and prior income history to support a higher imputed income. If you are seeking to modify your child support obligations or enforce a prior agreement, it is critical to speak with an experienced New York divorce attorney to determine your options.
Case Setting
It is reported that the parties were divorced by judgment entered in April 2012, following a separation agreement reached in December 2009. Allegedly, that agreement provided for joint legal custody of the parties’ two children, with residential custody granted to the mother. It is further reported that under the original agreement, the father was obligated to pay monthly basic child support, as well as cover the youngest child’s high school tuition and 30% of college expenses.
Allegedly, the parties agreed to modify this arrangement in 2017, reducing the father’s basic support to $350 per month and eliminating his responsibility for tuition and other add-on costs, based on an income stipulation of just $20,000. Subsequently, the mother filed a petition in December 2020 for an upward modification of the father’s support obligation. The father responded with a petition in January 2023 seeking a downward modification and credit for child support arrears.
It is reported that after a hearing, the Support Magistrate granted the mother’s petition and dismissed the father’s. The father was ordered to pay increased monthly child support of $592.37 and contribute 20% toward the children’s college tuition, high school tuition, and unreimbursed medical expenses. Reportedly, the father filed objections to this determination, which were rejected by the Family Court in an October 2023 order. The father appealed, challenging both the factual findings and the legal standards applied by the Support Magistrate.
Analysis of Income Imputation and Emancipation
On appeal, the father contended that the Support Magistrate erred in calculating his income and failed to credit him for the children’s earnings and independence. He also argued that the children were emancipated and that he lacked the earning capacity to meet the newly ordered obligations.
The court affirmed the Family Court’s decision and squarely rejected the father’s arguments. The court noted that “a parent’s child support obligation is determined by his or her ability to provide support,” not solely by the parent’s current income or lack thereof. Here, the father previously held a valid real estate license and worked in that field until at least 2018. The court found that his voluntary unemployment, coupled with an unpersuasive job search history, justified the imputation of annual income for child support purposes.
Further, the court emphasized the Support Magistrate’s discretion to assess witness credibility and reject self-serving claims about income limitations. New York law allows courts to impute income based on a party’s historical earnings, skills, and employment prospects when evidence suggests the parent is deliberately underemployed or evasive about earning potential.
Regarding the father’s claim that the children were emancipated, the court held that he failed to show the children were financially independent or living separately from the mother. Despite being employed, the children continued to rely on the mother for essential support, including food, shelter, and clothing. The court reiterated that part-time employment or partial self-support does not amount to emancipation unless a child is truly independent of parental care.
Talk to a Skilled New York Divorce Attorney
Child support modifications in New York hinge not just on income numbers but on the full picture of a parent’s earning capacity, employment history, and credibility. If you are involved in a dispute over support obligations or arrears, it is essential to consult an experienced New York divorce attorney who can present compelling evidence and protect your rights. Attorney Ksenia Rudyuk of Rudyuk Law Firm has deep experience handling complex support modification cases and can help you understand your obligations and options under New York law. Contact us at (212) 706-2001 or complete our online form to schedule a consultation.