New York Divorce Lawyer Blog
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.
Grounds for Custody and Support Determinations
On appeal, the court emphasized that the paramount consideration in custody disputes is the best interests of the children, evaluated under the totality of the circumstances. The court noted that joint custody is only appropriate where the parties can cooperate and communicate effectively, which was not the case here. The evidence demonstrated that the defendant’s behavior, including obstructionist tactics, undermined the potential for cooperative parenting. As such, the trial court’s award of sole custody to the plaintiff was deemed to have a sound and substantial basis in the record and was upheld.
Turning to child support, the court reviewed the trial court’s decision to impute $170,334 in annual income to the defendant based on his past earnings. The court noted that income may be imputed based on a party’s employment history, earning potential, and financial resources. Here, the defendant had voluntarily reduced his income following the commencement of the divorce action, and the court found that the imputed income reflected his ability to provide support. The court also found no error in the trial court’s refusal to impute additional income to the plaintiff, as her reduction in earnings was attributed to her employer’s elimination of her division.
Lastly, the court upheld the $40,000 award for attorney’s fees, finding that it was supported by the equities of the case, including the defendant’s financial resources and conduct throughout the litigation. The award was determined to be reasonable under the circumstances.
Meet with a Skilled New York Family Law Attorney
Family law disputes often involve complex legal and emotional issues that require careful navigation. If you intend to end your marriage and anticipate a custody or support dispute, a skilled family law attorney can help you protect your rights and pursue a favorable outcome. Ksenia Rudyuk is a skilled New York divorce attorney who can provide advice and advocacy tailored to your unique situation. You can contact Ms. Rudyuk via our online form or by calling us at 212-706-2001 to arrange a conference.