The jurisdiction of the New York Family Court encompasses a wide array of familial matters, prioritizing the welfare of children and the resolution of family conflicts. This court has authority over cases involving child custody, visitation rights, child support, and paternity disputes. It also handles matters related to adoption, guardianship,…
Articles Posted in Child Support
Court considered whether a reduction in maintenance was warranted on the basis of hardship. Valvo v. Valvo 218 A.D.3d 909 (N.Y. App. Div. 2023)
Valvo v. Valvo, 218 A.D.3d 909 (N.Y. App. Div. 2023) involves an appeal from the Family Court of Saratoga County regarding a petition to modify maintenance and child support obligations. The dispute arises from a divorce between the petitioner (referred to as the father) and the respondent (referred to as…
Family Court’s authority to modify settlement agreements. Deborah K. v. Richard K., 203 A.D.3d 433 (N.Y. App. Div. 2022)
In Deborah K. v. Richard K., 203 A.D.3d 433 (N.Y. App. Div. 2022), a father appealed an order regarding child support and spousal support payments. The court’s decision, entered on March 6, 2020, addressed objections raised by both parties regarding previous orders issued by a Support Magistrate. Background Facts In…
Leathers v. Smalls 192 A.D.3d 892 (N.Y. App. Div. 2021)
In Leathers v. Smalls 192 A.D.3d 892 (N.Y. App. Div. 2021), a case heard by the Family Court of Westchester County, the father appealed from two court orders related to child support obligations. The case involved a dispute over the father’s compliance with a child support order and the subsequent…
Whether mother should be required to pay back child support that father paid after children turned 21. Frederick-Kane v. Potter 187 A.D.3d 1436 (N.Y. App. Div. 2020)
The case before the Family Court of Albany County involved an appeal from an order dated November 16, 2018. This order addressed a modification of child support, highlighting the complexities surrounding parental obligations post-divorce. In New York, child support modification can be pursued under certain circumstances outlined in the statutes.…
Appellate Division considered whether a stipulation to a separation agreement related to child support could be enforced by the Family Court. Barra v. Barra 214 A.D.3d 1224 (N.Y. App. Div. 2023)
In Barra v. Barra, 214 A.D.3d 1224 (N.Y. App. Div. 2023), the court was asked to settle a child support payment dispute. Part of the evidence submitted was the couple’s divorce decree. Divorce cases and child support proceedings are inherently interconnected, with the former often laying the groundwork for the…
Can the Family Court order stimulus payments to be included as part of child support? Josefina O. v. Francisco P., 213 A.D.3d 1158 (N.Y. App. Div. 2023)
In Josefina O. v. Francisco P., 213 A.D.3d 1158 (N.Y. App. Div. 2023), a case before the Family Court of Montgomery County, the court was asked to settle a dispute that arose between separated parents regarding child support and federal stimulus payments. Stimulus payments, also known as economic impact payments…
Court determined that support agreement did not cover food and shelter expenses. Horne v. Horne, 22 N.Y.2d 219 (N.Y. 1968)
A separation agreement in New York is a legal document that outlines the terms and conditions agreed upon by spouses when they decide to live apart. It addresses matters such as division of assets, spousal support, child custody, and visitation. This contractual agreement allows couples to formalize their separation without…
Father was unable to rebut presumption that he willful violated a child support order. Movsovich v. Wood, 178 A.D.3d 1441 (N.Y. App. Div. 2019).
The case of Movsovich v. Wood, a Family Court Act article 4 proceeding, addresses issues related to child support enforcement. The respondent appeals a decision that addressed the willful violation of a child support order and its consequences. In New York, prima facie evidence of a willful violation of a…
Mother found in violation of custody agreement, and father was granted joint custody. Kanya J. v. Christopher K., 2019 N.Y. Slip Op. 6030 (N.Y. App. Div. 2019)
In the legal landscape of family matters, the case of Kanya J. v. Christopher K. presents a complex narrative involving parental rights, custody modifications, and support obligations. The intricate web of legal proceedings unfolds as both parents grapple for a favorable outcome in the best interests of their child. This…