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New York Court Discusses Grounds for Modifying a Child Support Obligation

Published on: August 25, 2020 | by Rudyuk Law Firm

Typically, when a child support order is entered, it aims to meet the child’s needs at that time. As circumstances change, however, it may become necessary to modify a parent’s financial obligation. The court can only consider certain factors in determining what constitutes an appropriate increase in support, though, as demonstrated by a recent New York case. If you are subject to a child support order and you or your co-parent wish to seek a modification, it is critical to meet with a trusted New York child support attorney to assess what evidence the court may weigh in making a determination.

Factual History

It is reported that the mother and the father married in 2001 and had two children. They decided to divorce and, in 2009, entered into a stipulation that was incorporated into their divorce judgment. Pursuant to the stipulation, the mother had residential custody of the children, and the father agreed to pay approximately $800 per month in child support. The stipulation also stated that the parties would confer and agree on extra-curricular activity costs.

Allegedly, in 2015 the father consented to a $1,000 monthly increase to his support obligation. In 2018, the mother sought a second increase, arguing that it was warranted because of increased costs due to the children’s participation in extracurricular activities. The court granted the mother’s petition, ordering the father to pay approximately $650 per week. The father appealed.

Court Discusses Imputed Income in Child Support Cases in New York

Published on: July 22, 2020 | by Rudyuk Law Firm

It is not uncommon for parents who share custody of a child to have disparate incomes. Thus, in many instances, one parent will be required to pay child support to his or her co-parent. In general terms, New York courts calculate child support obligations based on the income of both parents. As discussed in a recent New York family law case, however, income is not solely defined as income earned through employment but can include income from other sources as well, such as money from a significant other. If you or your child’s co-parent wish to seek child support, it is advisable to speak to an experienced New York child support attorney to discuss what you can do to protect your rights.

Facts of the Case

Reportedly, the mother and father were married in 2003 and had two children during their marriage. In 2013, the father filed for divorce. The parties came to an agreement with regards to custody but agreed to allow the court to determine property division and financial matters. The court subsequently awarded the mother $1,770 in monthly child support, based on the mother’s imputed annual income of $25,000 and the father’s imputed annual income of $75,000, after which both parents appealed.

Imputed Income in Child Support Cases

Under New York law, a court has broad discretion with regards to imputing income when calculating an appropriate amount of child support and is not limited to what the parties represent with regards to their finances. Specifically, a court may impute income based on a parent’s future earning capacity, employment history, educational background, and money received from friends and family. In imputing income to a parent, however, a court must provide a record that clearly indicates the source of the imputed income, the reasons for imputing income to the parent, and the calculations that resulted from the imputed income.

Late Child Support Payments and Eligibility for COVID-19 Financial Relief in New York

Published on: April 28, 2020 | by Rudyuk Law Firm

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.

COVID -19 – New York Court System – Administrative Order – Discovery

Published on: March 20, 2020 | by Rudyuk Law Firm

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.

AN IMPORTANT NOTE FROM MY FIRM DURING THE PANDEMIC

Published on: March 17, 2020 | by Rudyuk Law Firm

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.

Court Discusses Standard for Modifying Child Support Obligations in New York

Published on: December 27, 2019 | by Rudyuk Law Firm

In many instances in which a couple with a child divorces, one spouse will be the primary income earner, while the other will be responsible for raising the child. Thus, it is not uncommon for a court to order one parent to pay child support to the other. Support obligations are not permanent, however, and can be modified under certain circumstances. In a recent case, a New York court discussed the burden of proof imposed on a party who wishes to obtain a modification of a support obligation. If you receive or pay child support pursuant to a court order and want to seek a modification, you should meet with a New York child support attorney to discuss the evidence that you must produce to obtain a modification.

Facts and Procedure of the Case

The mother and the father divorced in 2014. The mother was granted sole custody of their only child, and the father was ordered to pay approximately $2,500.00 per month in child support. In 2018, the father sought a modification of his support obligation. In his petition, the father alleged that he was wrongfully terminated, resulting in a reduction of his income of over 15%, and that the mother’s income had increased by more than 15%. Following a hearing, the court denied the father’s petition. The father then appealed.

Proving That a Support Modification is Warranted

Under New York law, a party seeking a modification of a child support obligation must establish that there has been a significant change in circumstances that warrants a modification. In assessing whether a change in a parent’s circumstances warrants a modification of a support obligation, the court will evaluate several factors, including the child’s needs, an increase in the cost of living, a loss of income or assets of either parent, and a significant improvement in the financial situation of either parent.