Articles Posted in Child Support

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In New York, judgments of divorce will typically not only legally end a couple’s marriage but will also establish their rights and obligations with regard to child support, spousal maintenance,  and property division. As such, if a party fails to comply with the terms of a divorce judgment, they can be held in contempt. Recently, a New York court discussed the burden of proof for a party asking the court to hold their former spouse in civil contempt in a divorce case. If you have questions about the legal process of ending your marriage, it is in your best interest to talk to a New York divorce lawyer at your earliest convenience.

History of the Case

Allegedly, the parties in this case were married in 1993 and had four children. They got divorced, and a judgment of divorce was entered in October 2016. The divorce judgment was based on a decision that resulted from a trial held in February 2015. This decision from the trial was incorporated by reference into the final divorce judgment.

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In many New York divorce actions, the courts will find it fitting to order one party to pay the other spousal or child support. Typically, support obligations are based, in part, on the income of both parties. In cases in which the courts believe a party is learning less than they are able to, however, the courts may impute income to them. In a recent New York divorce action, the court discussed when the imputation of income is appropriate. If you are considering ending your marriage, it is recommended that you meet with a New York divorce attorney to discuss how your decision may impact you financially.

The History of the Case

It is reported that the parties were married and subsequently divorced. The final judgment of dissolution addressed spousal maintenance, child support, custody arrangements, and property distribution. The husband appealed on several grounds, and the wife filed a cross appeal.

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The cost of raising a child increases each year, and few people can afford it alone. As such, in cases in which parents split custody of a child, the courts will often order one parent to pay the other child support. If a parent refuses to pay child support, they can be held in contempt and may be incarcerated. As discussed in a recent New York ruling, however, the courts may be reluctant to both sentence a parent to serve time in prison and order them to pay child support arrears. If you have questions about your rights pertaining to child support, it is wise to confer with a New York child support attorney as soon as possible.

Factual and Procedural History of the Case

It is reported that the husband filed a motion requesting the court to find the wife in contempt of court for deliberately failing to comply with court orders to pay monthly child support and maintenance. The amount in arrears exceeded $48,000. The court ordered the wife to pay half of the arrears by a certain date in order to avoid further sanctions.

Allegedly, the wife failed to fully pay the purge amount. Consequently, the court issued an Order of Commitment, resulting in the wife’s imprisonment for a maximum term of three weeks. After the wife was released from custody, the court addressed the issue of whether the wife’s incarceration satisfied the purge amount. Continue reading

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Discovery is an essential part of family law cases, as it allows the courts to evaluate parties’ rights and obligations with regard to child support, spousal support, property division, and other matters. If a party fails to engage in a discovery process, therefore, it can be prejudicial to their opponent and may be grounds for the court to sanction them, as demonstrated in a recent New York child support case. If you share custody of a child, it is important to understand your parental rights and duties, and it would benefit you to speak to a New York child support lawyer.

History of the Case

It is reported that the husband and wife married in 2001. They had two children during the marriage before the wife filed for divorce in 2013. She subsequently moved to compel the defendant to comply with specific discovery requests, and if he did not, requested that the court bar him from offering evidence at trial regarding financial matters. The court granted the motion, stating that if the defendant declined to comply with the discovery order, the court would evaluate child support based on the needs of the children instead of the factors and formulas defined in the Child Support Standards Act.

Allegedly, the husband appealed the order, but it was affirmed. He then failed to comply with the order and as such, was precluded from presenting evidence regarding his finances at trial. The court then directed him to pay approximately $5,600 per month in child support. The husband appealed. Continue reading

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The following questions are examples of frequently asked questions during a consultation as it relates to contested divorces for parties with children. These are typically the topics that cover most contested divorce proceedings with children.

Divorces for people with children:

  1. How long do Contested Divorces usually take?
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The New York courts place great importance on a parent’s duty to financially support their child. As such, if the courts determine that a party neglected to uphold their support obligation, they may choose to impose sanctions on the party. Not all failures to pay child support are sanctionable, though, as demonstrated in a recent New York opinion issued in a matter arising out of a dispute over a father’s financial obligations to his children. If you need assistance with a child support matter, it is in your best interest to contact a knowledgeable New York child support lawyer to assess your rights.

Factual and Procedural History of the Case

It is reported that the mother and father shared custody of their three children, and the father had an obligation to pay the mother child support. The father neglected to pay support for an unspecified period of time, and the mother filed a motion for enforcement and for sanctions. The support magistrate determined, among other things, that the father’s failure to pay child support was not willful. He also declined to grant the mother’s request that the court order the father to pay half of one of the children’s private school tuition. The mother appealed.

The Court’s Findings

The appellate court affirmed the trial court ruling. First, the court found that the support magistrate’s finding that the father’s failure to pay child support was not willful was entitled to great deference, as it rested largely on the magistrate’s credibility determinations. Specifically, the magistrate found that the father credibly testified that he was unable to seek regular employment due to his parenting responsibilities. Continue reading

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When couples with children divorce, one parent will often bear the burden of paying the other child support. Child support obligations that are instituted when children are young may need to be revisited over time, as changing circumstances may render them inappropriate. Not all changes warrant modifications to support orders, though, as demonstrated in a recent ruling issued in a New York child custody case. If you have questions about your rights and obligations with respect to child support, it is in your best interest to consult a New York child support lawyer to discuss your case.

The History of the Case

Reportedly, the mother and the father were married and had three children together. They divorced in 2017 and entered into a stipulation regarding child support. Pursuant to the stipulation, the father agreed to pay the mother $3,250 in child support each month until December 1, 2020, when his support obligation increased to $4,157. The court incorporated the stipulation into the divorce judgment.

It is alleged that in 2020, the father filed a petition asking the court to make a downward modification of his child support obligation. He argued that a substantial change in circumstances warranted the obligation; namely, his oldest child turned 21 and was emancipated. The mother moved to dismiss the petition. The trial court granted the mother’s motion, and the father appealed. Continue reading

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Raising a child is expensive, and few people can afford the cost alone. Thus, in many instances in which parents share child custody, the courts will order one parent to pay child support to the other. Numerous elements are taken into consideration in determining an appropriate monthly support obligation. Recently, a New York court explained how the time each parent actually spends with a child factors into child support decisions in a case in which the father appealed the trial court’s ruling. If you are involved in a dispute over child support, it is prudent to speak to a knowledgeable New York family law lawyer about your rights.

The Facts of the Case

It is reported that the mother and the father, who had three children, divorced. The father was granted legal custody of the children, and the mother was granted residential custody. The parties entered into a stipulation granting the father parental access with the oldest child at least every other weekend. Regarding the younger two children, he had access Fridays afternoon until after their recreational activities, every other weekend, and every Monday evening until Wednesday morning. The stipulation regarding custody contained a clause, however, that stated that, given the children’s ages, if they did not wish to spend the full amount of time dictated by the stipulation with the father, their wishes should be respected.

Allegedly, the court held a trial to determine economic issues, during which it was noted that only the middle child adhered to the parenting schedule, while the other two children spent no time with the father. The court determined that the mother was entitled to child support, and using the Child Support Standards Act, found that the father was responsible for about 37% of the basic support obligation, subject to a downward deviation. Thus, it ordered the defendant to pay $175 per week in support plus the cost of the children’s extracurricular activities and 37% of the cost of health care. The defendant appealed. Continue reading

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Many married couples have children, and if they eventually decide to divorce, the dissolution of their relationship will undoubtedly impact their children in some ways. While parents typically want what is best for their children and act accordingly, in some cases, the court will find it necessary to appoint an attorney to advocate for the interests of a child. An attorney for children’s role is limited to matters that directly impact the young parties they represent, though, as demonstrated in a recent New York ruling. If you have children and intend to seek a divorce, it is wise to meet with a knowledgeable New York family law attorney to determine your rights.

Procedural History of the Case

It is reported that the parties were married in July 2003, after which they had three children. Prior to getting married, they entered into a prenuptial agreement which stated that neither party would be entitled to equitable distribution, maintenance, or attorney’s fees in the event of a divorce. The couple ultimately decided to part ways and filed for divorce. The wife then filed a motion asking, in part, that the court set aside the prenuptial agreement. The court issued an order denying the wife’s motion. The attorney for the children then moved to vacate the order pertaining to the prenuptial agreement on the grounds that he should have been permitted to participate in a hearing on the matter to protect the interests of the children. The court denied his motion, and he appealed.

Children’s Rights in Divorce Actions

On appeal, the court held that contrary to the assertion of the attorney for the children, he did not have the standing to file a motion to vacate the trial court’s order. The court explained that while children have some rights with respect to matters such as custody, visitation, and child support in matrimonial actions, they do not have a general right to participate in the litigation of financial matters relating to maintenance or equitable distribution in their parents’ divorces. Continue reading

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While child support is meant to provide financial means to care for a child whose parents do not live together, it nonetheless must be fair and reasonable. As such, if the party that is paying or receiving support experiences an event or life change that affects his or her finances, it may be grounds for the modification of a support award. In a recent child support case in New York, the court discussed when a modification of a child support obligation is warranted and what the party seeking the modification must prove. If you or your co-parent are obligated to pay child support, and either of you experienced a change in circumstances, you should speak to an experienced New York child support attorney to assess your rights.

Factual History

It is reported that the mother and father married in 2002 and had a child in 2003. They entered into a separation agreement in 2014 that, in part, imposed a child support obligation on the father. The agreement was modified in 2015, and both the agreement and the addendum were incorporated into the judgment of divorce the court issued later that year.

Allegedly, in 2017, three separate actions related to child support were filed by the parties. Specifically, the father filed a request for a downward modification of his support obligation, the mother filed a pleading regarding the father’s failure to comply with his support obligation, and a second pleading asking the court to hold him in willful contempt for failing to pay. On each of the pleadings, the court found in favor of the mother. The father then appealed, arguing the court erred in denying his request for a downward modification.

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