New York Divorce Lawyer Blog
A serious medical condition can reduce a parent’s income, but a lower paycheck does not necessarily control the amount of child support that parent must pay. In a recent New York opinion, the court upheld only a partial reduction in a mother’s child support obligation because she did not prove that she diligently sought other work consistent with her earning capacity. The ruling illustrates how New York courts look beyond current income and examine employment efforts, past earnings, education, abilities, and future earning potential. If illness or a change in employment has affected your ability to pay or receive support, an experienced New York child support attorney can help you assess whether modification may be available.
History of the Dispute
It is reported that the parties divorced in May 2018 and have two children. Allegedly, a January 2024 order directed the mother to pay $793.60 in child support every two weeks. In November 2024, the mother commenced a proceeding for a downward modification, alleging that a medical condition had reduced her income.
Reportedly, after a hearing, the Support Magistrate reduced the mother’s biweekly obligation from $793.60 to $609.66. The mother objected, arguing that the calculation should have been based on her income at the time of the hearing rather than the income reported on her 2024 tax return. The Family Court denied her objections, and the mother appealed.
The Standard for Modifying Child Support
A parent seeking to modify a child support order bears the burden of establishing a substantial change in circumstances. Loss of employment may qualify, but the parent generally must show that the job ended involuntarily and that the parent made diligent efforts to obtain employment suited to the parent’s education, abilities, and experience. A court is therefore not limited to the parent’s immediate economic circumstances when determining support.
New York courts may consider a parent’s past income, assets, educational background, and future earning capacity when fixing child support. This broader inquiry prevents a support obligation from being based solely on a temporary reduction in reported earnings when the parent remains capable of earning more. It also allows the court to evaluate whether the claimed income change reflects an unavoidable limitation or a failure to pursue available employment.
In the subject case, the mother presented evidence that her medical condition prevented her from continuing to work as a bedside hospital nurse. The court nevertheless concluded that she had not made a prima facie showing that she diligently sought other employment consistent with her remaining abilities and earning capacity. Because that proof was missing, the Support Magistrate was permitted to use the income reported on the mother’s 2024 tax return rather than accept her earnings at the time of the hearing as the controlling measure.
The court also recognized that the Support Magistrate heard the witnesses directly and was in the best position to assess their credibility. The record supported the finding that the mother qualified for some reduction but had not established a right to a larger one. The court therefore affirmed the order reducing her obligation to $609.66 biweekly and denying any further decrease.
Talk to a Skilled New York Child Support Attorney
A request to modify child support requires evidence showing more than a change in present earnings. Medical records, employment history, job-search documentation, vocational limitations, assets, and earning capacity may all affect the court’s decision. If you are seeking or opposing a change in child support, Attorney Ksenia Rudyuk of Rudyuk Law Firm can evaluate the financial record, explain the governing standards, and help you present the evidence relevant to your position. Contact Rudyuk Law Firm at (212) 706-2001 or complete our online form to schedule a consultation.