Articles Posted in Child Support

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In New York’s family court, missing a single procedural step can mean the difference between having your voice heard and having your objections dismissed outright. This is especially true in child and spousal support matters, where orders for payment are legally binding and strictly enforced. When a party fails to pay what they owe, the consequences can include steep judgments, wage garnishments, and even incarceration. However, those consequences can be difficult to challenge if the proper procedures are not followed, as illustrated in a recent New York decision. If you want to enforce or challenge a support order in New York, it is vital to work with an experienced family law attorney who can ensure your rights are protected at every step.

History of the Case

It is reported that the parties were divorced by a judgment entered in 2016, which directed the father to pay both child support and spousal support to the mother retroactively to mid-2011. Several years later, the mother initiated a violation proceeding under Article 4 of the Family Court Act, alleging that the father had failed to meet his support obligations for a significant period of time. Specifically, she sought enforcement of unpaid support accruing from June 24, 2011, through February 1, 2019.

Allegedly, after a full hearing, the Support Magistrate found that the father had willfully violated the existing support order and issued a directive for a monetary judgment. The judgment entered in favor of the mother totaled $85,769.35 in unpaid support. Continue reading

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In New York, child support determinations typically require courts to evaluate each parent’s financial circumstances and apply statutory guidelines. Notably, in doing so, the courts will generally regard documentary evidence regarding income over uncorroborated testimony, as demonstrated in a recent New York ruling issued in a child support case. If you are involved in a child support dispute, it is smart to talk to an attorney about what evidence you should offer to support your position.

History of the Case

It is reported that the mother filed a petition seeking initial child support against the father, who is the non-custodial parent of their child born in 2019. Allegedly, the father, who also has other children from a prior relationship, was subject to an earlier consent order requiring him to pay child and spousal support to his former wife. Following a fact-finding hearing in 2022, at which only the mother testified, the support magistrate ordered the father to pay $2,400 per month in basic child support. Additionally, the father was required to contribute $1,179.24 monthly for childcare expenses and health insurance premiums.

Allegedly, the support magistrate calculated the father’s annual income at $200,075 based on his individual tax returns, W-2 statements, and corporate tax filings. The calculation included business income from the father’s private law practice and undistributed earnings. The court imputed no additional income to the mother, who was raising the child as a single parent while working part-time as an attorney. Dissatisfied with the ruling, the father appealed, challenging the income imputation and the overall child support award. Continue reading

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New York courts prioritize the best interests of the child in custody and support cases, ensuring that both parents meet their obligations. A recent New York decision reaffirmed the court’s discretion in determining custody and child support, emphasizing that such rulings will not be disturbed if supported by substantial evidence. If you need assistance with a custody or support dispute, it is in your best interest to consult with a knowledgeable New York family law attorney.

History of the Case

It is alleged that the plaintiff and defendant were married in 2002 and have four children. The plaintiff initiated divorce proceedings in 2017, seeking custody and ancillary relief. The trial court granted sole legal and physical custody of the two youngest children to the plaintiff, finding that the best interests of the children warranted such an arrangement. Additionally, the court ordered the defendant to pay $4,124 per month in child support and awarded $40,000 in attorney’s fees to the plaintiff.

Reportedly, the defendant appealed, arguing that the custody and support determinations were inequitable. He contested the imputation of income used to calculate his child support obligations and challenged the attorney’s fees award, asserting that it was not supported by the record. Continue reading

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Generally, the New York family law courts strive to maintain and protect the relationships between parents and their children. They will only do so if it is in the child’s best interest, however. As such, if a court finds that one parent fails to abide by court measures intended to protect a child, they may grant the other parent sole custody, as demonstrated in a recent New York case. If you or your co-parent wish to seek sole custody of your child, it is advisable to confer with a New York child custody attorney at your earliest convenience.

Factual and Procedural Setting 

It is reported that both the father and the mother filed petitions to modify the custody arrangement of their two children, born in 2016 and 2018, as established by a 2021 divorce judgment. Initially, the mother was granted primary physical custody, while the father had alternate weekend parenting time. In May 2021, the father sought custody modification, alleging that the mother restricted his visitation and engaged in actions that alienated him from the children. The mother cross-petitioned, stating that she restricted the father’s visitation because he violated COVID-19 guidelines and failed to attend a court-mandated parenting program.

Allegedly, further petitions were filed, with the mother asserting that the father violated the terms of the divorce judgment by failing to inform her of the children’s whereabouts, neglecting their health and safety, and disregarding parenting conditions. Eventually, the case was transferred to the Integrated Domestic Violence part of the trial court, where the mother sought sole custody, alleging domestic abuse by the father. The trial court granted the mother’s petition, and the father appealed. Continue reading

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Many married people with children ultimately decide to end their union. As such, in addition to relying on the courts to determine their rights and obligations with regard to assets and liabilities, they will look to the courts to decide how custody should be divided. While New York law is clear that custody determinations must be in a child’s best interests, in some cases, the court’s decisions do not reflect that and can be challenged. In a recent ruling in which the court amended the trial court’s order, a New York court discussed the grounds for overturning custody determinations. If you intend to seek a divorce and want to know how it may impact your parental rights, it is smart to speak to a New York child custody attorney promptly.

Factual and Procedural Background

It is reported that the parties were married in April 2013 and had two children together. In July 2018, they began living separately, and in February 2022, the husband initiated an action for divorce and ancillary relief. The wife responded with an answer, asserting various counterclaims, including one for child support. The court held a nonjury trial to address issues concerning custody, parental access, child support, and equitable distribution of marital property.

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It is not uncommon for New York couples to enter into prenuptial or post-nuptial agreements that define their rights and obligations with regard to property and assets in the event that they divorce. Marital agreements do not necessarily resolve all disputes over finances, though, as demonstrated in a recent New York ruling in which the parties disagreed over what constituted appropriate child support and maintenance awards. If you want to end your marriage, it is essential to understand your rights, and you should confer with a New York divorce attorney as soon as possible.

History of the Case

It is alleged that the parties were married in March 2000 and have two children. In March 2012, they entered into a postnuptial agreement, which was later amended. In June 2012, the wife initiated a divorce action seeking ancillary relief. Following a nonjury trial, the trial court issued a ruling in October 2018, ruling on matters including maintenance, child support, equitable distribution, and attorneys’ fees. The judgment of divorce was finalized in December 2018. The wife then appealed specific portions of the divorce judgment. 

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In many New York divorce actions, one party will seek child support and maintenance from the other while the dissolution is pending. The courts generally require both parties to submit documentation of their assets and liabilities prior to granting such requests. If a party fails to offer such proofs when making the requests but provides them at a later date, the courts can still consider them as long as the delayed presentation does not prejudice the opposing party, as discussed in a recent New York ruling. If you are contemplating ending your marriage, it is prudent to speak to a New York divorce lawyer about your options.

History of the Case

It is reported that the wife initiated a divorce action in June 2021, seeking both a dissolution of the marriage and ancillary relief. Several months later, in October 2021, the wife filed a motion requesting temporary spousal support, temporary child support, and interim counsel fees. The trial court issued an order granting the wife’s requests. The husband, disagreeing with this decision, appealed the order, specifically challenging the award of temporary spousal maintenance, temporary child support, and interim counsel fees.

Evidence Sufficient to Sustain a Request for Temporary Support in a Divorce Action

On appeal, the court reviewed the trial court’s decision, focusing on the procedural requirements for such motions in divorce actions. In doing so, the court noted that under the relevant New York court rules, a party seeking maintenance, child support, or counsel fees must submit a sworn statement of net worth along with a signed retainer agreement when making their motion. Continue reading

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Generally, New York law dictates that child support obligations end when the child in question turns 21. Parents are free to extend their support obligations via a stipulation; however, for example, it is not uncommon for divorcing parents to develop an agreement defining obligations for their children’s college tuition. As demonstrated in a recent New York opinion, the courts will usually deem such provisions enforceable. If you need assistance with a child support dispute, it is wise to consult a New York child support lawyer to determine your options.

History of the Case

It is alleged that the husband and the wife were married and had three children together. The wife initiated divorce proceedings, and all ancillary matters were resolved through a Stipulation of Settlement in 2017. The stipulation addressed, among other things, child custody, child support, and college expenses. Pursuant to the Stipulation, the wife had sole physical custody of the children, while the husband was obligated to pay child support. The parties were divorced by a Judgment of Divorce later that year.

It is reported that the Stipulation included provisions regarding the children’s future college expenses and the husband’s obligation to maintain a life insurance policy for the benefit of the children. The wife subsequently filed a motion seeking an upward adjustment of child support based on the husband’s increased income, contribution towards college expenses, and proof of compliance with the life insurance provision. Continue reading

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New York law dictates that all parents must provide for their children financially. As such, when the parents of a child divorce, the court will often order one parent to pay the other child support. The courts rely on child support guidelines to determine what constitutes an appropriate support obligation. The courts are not strictly bound by the guidelines, however, but can exercise discretion and deviate from the parameters set forth by the guidelines when deemed appropriate, as demonstrated in a recent New York ruling. If you want more insight into your rights and obligations with regard to child support, it is smart to talk to a New York child support attorney as soon as possible.

Factual History and Procedural Setting of the Case

It is reported that the mother and the father were married in January 2014, and the mother adopted the father’s child from a prior relationship in December 2015. In April 2018, the mother initiated divorce proceedings, seeking ancillary relief. By March 2019, the parties reached a settlement agreement concerning child custody and parental access.

Allegedly, in October 2019, following a nonjury trial, the court rendered a decision determining that the mother should pay the father $150 per month in child support, a downward deviation from the Child Support Standards Act (CSSA) guidelines. The court justified this deviation by considering factors such as shared physical custody, similar incomes, medical insurance coverage, the child’s eligibility for government benefits, the short duration of the marriage, and the mother’s adoption of the father’s biological child. The father appealed. Continue reading

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New York law states that parents have an obligation to provide for their children financially. In cases in which parents share custody of a child, this often means that one parent will be required to pay child support to the other. In matters in which parents have equal custody rights, the courts will often impose the child support obligation on the parent who earns a higher income, as demonstrated in a recent New York case. If you are dealing with a child support dispute, it is prudent to talk to a New York child support attorney about your options.

Case Setting

It is reported that the father and mother were married and had two children, who were born in 2006 and 2010; they divorced in 2017. The divorce judgment initially ordered the father to pay $641.86 per week in child support. Following a hearing, a Support Magistrate modified the child support obligations, ordering the mother to pay the father $150 weekly, deeming him the custodial parent.

Allegedly, the mother objected, arguing that, despite equal custody, the father, as the monied spouse, should be the noncustodial parent. The father also objected, contending that the Support Magistrate erred by not imputing income to the mother. The court denied both objections, and both parties appealed. Continue reading

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