The COVID-19 pandemic has caused significant financial losses for many people. Thus, many parents who owe child support are late on making payments, and consequently, many parents who rely on child support are not receiving the payments they are owed. As many of the courts throughout the State are closed for new filings except for emergencies, parents seeking enforcement of child support orders and agreements are uncertain of their options.  Fortunately, despite the pandemic, there are measures parents who are owed support can take to seek any payments that are in arrears. If you are a resident of New York and have concerns regarding late child support payments, it is in your best interest to consult an experienced New York child support attorney regarding your rights.

Enforcement of Child Support Orders During the Covid-19 Pandemic

Parents who are owed child support should continue to receive payments during the pandemic, as all payments received are still being processed. Thus, any payments made should be disbursed as usual. If a noncustodial parent can no longer afford to make payments due to a loss of income, he or she can seek a modification. Absent a modification, however, a parent obligated to pay child support pursuant to a court order must pay the full amount owed, on the date, it is owed, despite the pandemic.

Parents who fail to make timely payments in full may be subject to enforcement actions, such as the suspension of driver’s or professional licenses, interception of State and federal tax refunds, freezing of financial assets, and liens against real and personal property. Parents who fail to make child support payments may also be reported to credit bureaus. These actions are referred to as administrative penalties and are available without going to court. The action available in an individual case depends on the amount overdue and the length of the delay in making payments. Currently, the Child Support Offices in many areas throughout the State are closed, as are New York Family Courts for child support matters. Thus, parents who are owed support should seek assistance by contacting their local child support office or the State offices via telephone or email. Parents who are obligated to pay but cannot pay due to a loss of employment, also have options.

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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?

Those fighting on the front lines are now faced with additional challenges – custody of their children. Because medical providers, firefighters, and other essential workers are exposed to COVID-19 more than anyone else, they are now getting denied parental access to their children.
Unfortunately, there is not enough guidance from the courts in NYS regarding custody during the global pandemic, and the only hope is that parents will be reasonable.
Co-parenting is easy for parents who get along well but is challenging for those who feel animosity towards each other during normal times. Now, in the times of social distancing and the quarantine in NY, co-parenting for them becomes hell.

While there are many factors that affect the outcome of a motion or hearing in a family law case, typically a national health crisis is not one of them. The recent Covid-19 pandemic has significantly altered the course of family law cases in New York City and throughout the nation, however. As such, it is critical for anyone with a family law matter pending in New York City to understand how their case may be affected. If you live in New York and have concerns regarding a family law issue, it is prudent to speak with a New York family law attorney to discuss how recent events may affect your case.

Recent Administrative Orders Relating to New York City Family Courts

On March 7, 2020, Governor Andrew Cuomo issued an executive order declaring the entire State of New York in a State disaster emergency due to the fact that many people have been diagnosed with Covid-19, and it is anticipated that the numbers will increase. Pursuant to Governor Cuomo’s authority, he temporarily stayed all deadlines in all cases, including family law cases. In other words, the time limitations for when an action, motion, or other proceeding or process must be commenced, filed, or served is tolled from the date of the order until April 19, 2020. As such, no adverse action can be taken against a party in a family law matter, or any other matter, for failing to file a pleading or response during that time.

This does not mean the courts are closed, however. Instead, pursuant to a press release from the Chief Administrative Judge for the New York State Court System, on March 26, 2020, the New York City Family Court began hearing certain matters by telephone or vide appearance, in an effort to contain and mitigate the spread of Covid-19, while still allowing the court to provide necessary emergency relief to the families and children the family court serves. Specifically, hearings regarding child protective intake cases that involve removal applications, emergency family offense petitions, newly filed cases for juvenile delinquency that involve remand applications, and writ applications regarding parenting time or custody, where there is an order in place, may be heard via remote methods.

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The New York State court system has announced that beginning on Wednesday, March 25 and Thursday, March 26, it will provide critical emergency relief to the children and families.

Such a decision was reached to reduce courtroom density and stem the spread of the Coronavirus.

The New York City Family Court will hear by remote video appearances and/or by telephone the following matters:

Rudyuk Law Fim will continue to update you on new developments and information in light of COVID-19 pandemic which affects divorce litigation and family law procedures in NYC.

Last evening, New York State Unified Court System Chief Administrative Judge Lawrence K. Marks issued an administrative order outlining additional steps the court system is taking to limit the spread of the coronavirus.

“Effective immediately, the prosecution of any pending civil matters including any discovery that would require in-person appearances or travel is strongly discouraged.

With schools closed and parents’ work schedules altered, co-parenting may become even more challenging. Below are some tips on how to get through the difficult times with the best interest of your children in mind.

Accept the fact that your parenting time may need to change:  Regardless of whether the parents reside next to each other or at different ends of a big cosmopolitan city, your parenting time may have to change. With schools closed and parents working from home, everyone will need to adapt to a new routine. You may now need more help from your ex to watch the children if your day is full of virtual meetings and phone calls. Perhaps facetime with your children will save them and you the risk of being exposed to the disease during your pick-up and drop-off commute. Even if you’ve been following a court-ordered visitation schedule, it is totally fine to alter on consent of both parents. Exchange text messages or emails with proposed new schedules and communicate!!!! Put your animosity towards each other aside and focus on safeguarding your children.

If a quarantine is announced, allow the primary custodian to continue to care for the children and have facetime with them instead of picking them up. Discuss how you can make up the missed time by, perhaps, adding more time with the children during the summer. Maybe spend time with the children in the primary custodian’s house instead of taking them outside. Be smart, be loving, be understanding.

AN IMPORTANT NOTE FROM MY FIRM:

As we all fight the unprecedented pandemic caused by the COVID-19 (Coronavirus), my firm remains readily available to our divorce and family law clients and new clients. If you have any questions or concerns regarding your divorce action, co-parenting during difficult times, child support, family offense or if you need updates or require assistance, please do not hesitate to reach out to us. You can email me at  ksenia@cadicny.com or Diana at assistant@cadicny.com. Also, do not hesitate to call at 212-706-2001 and reach us through Skype: Rudyuk Law Firm.

We are closely monitoring the situation and following information provided by the Centers for Disease Control and Prevention (CDC), World Health Organization, regulators and local public health departments, the New York State Governor, the New York City Mayor.

In many cases in which a couple with a child divorces, absent an agreement, the court will issue an order granting one parent primary physical custody and award the other parent parental access. Custody orders are not permanent, however, but can be modified upon a showing that a modification is necessary due to a change in circumstances. Recently, a New York appellate court once again discussed what constitutes a sufficient change in circumstances to warrant a modification in a case in which a mother appealed the dismissal of a petition to modify custody. If you wish to seek a modification of an existing custody order, it is in your best interest to meet with an experienced New York child custody attorney to help you seek an arrangement that is in the best interest of your child.

Facts and Procedure

It is reported that the mother and the father divorced in 2013. Initially, the mother was awarded physical custody of the couple’s sole child. Custody was then modified via a consent order in December 2015, which granted father physical custody and awarded the mother parental access. Subsequently, in April 2018, the mother filed a petition to modify the 2015 order to grant her physical custody of the child. Following a hearing, the father moved to dismiss the petition, arguing that the mother failed to establish a change of circumstances sufficient to warrant a modification. The court granted the father’s motion, dismissing the mother’s petition. The mother appealed.

Evidence of a Change in Circumstances

Under New York law, an order establishing custody or parental access will only be modified if the party seeking the modification establishes that there has been a change of circumstances that requires a modification to meet the best interests of the child. A court will review the entirety of the facts and circumstances presented in determining what is in a child’s best interests. Further, in determining whether to dismiss a petition for failure to establish a prima facie case, the court is required to accept the evidence presented by the petitioner as true and grant the petition every favorable inference that can be drawn from the evidence.

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Under New York law, property acquired during a marriage is considered marital property, which means that it belongs to both parties. Thus, if a couple divorces, the court will equitably distribute any marital property. In many cases, however, the parties will not only dispute what constitutes a fair division of any marital property but also whether an asset is, in fact, marital property or the separate property of one spouse. In a recent case decided by the Supreme Court, Appellate Division, Third Department, New York, the court explained the process of determining the value of contributions to separate property during divorce. If you and your spouse intend to divorce, it is essential to retain an experienced New York divorce attorney to help you understand how any property may be divided and what steps you can take to protect your interests.

Facts of the Case

The husband and the wife married in 1999 and had four children. In 2013, the wife filed an action for divorce, and the court entered an interim order for child support and maintenance. A trial was subsequently held, after which the court issued a judgment that, in part, awarded the wife a distribution from the appreciation of the marital home, and ordered the husband to pay the wife child support and maintenance until their youngest child reached the age of eighteen. The court also found that the wife owed the husband child support, since he had sole custody of the couple’s oldest child, but stated the payment was in abeyance until the husband paid the wife maintenance that was in arrears. The court also directed the husband to pay the wife’s counsel fees. The husband appealed on several issues.

Marital Versus Separate Property

The first issue the appellate court addressed on appeal was whether the trial court erred in awarding the wife $25,000 for the appreciation of the marital home. The court stated that it is clear under New York law, equitable distribution does not mean equal, and that a trial court has substantial leeway in determining what constitutes a fair division of assets. In the subject case, the court noted that the husband purchased the marital home prior to the marriage, and it was therefore separate property that was not subject to equitable distribution.

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