In JJ v. TW, 70 Misc. 3d 1225 (N.Y. Sup. Ct. 2021), among other things, the plaintiff requested that the court terminate spousal support. An interesting aspect of New York law when it comes to spousal support modification is that the Family Court Act and the Domestic Relations Law outline different conditions under which spousal support can be modified.
Under the FCA section 412, spousal support orders can be modified upon certain events, including:
- A written or oral stipulation or agreement between the parties.
- The issuance of a judgment of divorce or other order in a matrimonial proceeding.
- The death of either party.
However, the FCA does not explicitly tie the duration of spousal support to the length of the marriage.
In contrast, DRL section 236(B)(5-a)(f) states that the court shall determine the duration of temporary maintenance by considering the length of the marriage. Furthermore, DRL section 236(B)(5-a)(g) specifies that temporary maintenance shall terminate no later than the issuance of the judgment of divorce or the death of either party, whichever occurs first.
Thus, while both the FCA and the DRL address the modification of spousal support, they differ in their approach to determining the duration of support and the conditions under which it can be modified. The FCA focuses more on specific events triggering modification, while the DRL incorporates the length of the marriage into the determination of spousal support duration.
Plaintiff filed a motion seeking orders related to spousal and child support, and the consolidation of ongoing Family Court proceedings. This motion arose from the breakdown of the Plaintiff’s marriage and subsequent legal disputes over financial obligations.
Background Facts
The Plaintiff and Defendant were married on August 20, 2017. They had one child together, born in 2018. Their marriage ended on November 23, 2019, when they separated. Following the separation, Defendant initiated legal proceedings by filing a petition in Kings County Family Court on January 8, 2020, seeking spousal and child support. The court issued an order of support on February 10, 2020, outlining Plaintiff’s financial obligations. Subsequently, Plaintiff objected to this order on March 2, 2020. However, a Judge of the Kings County Family Court denied Plaintiff’s objections on September 2, 2020. On August 28, 2020, Plaintiff commenced a divorce action in Kings County Supreme Court.
Issue
The Plaintiff’s motion sought to terminate spousal support payments, recalculate child support obligations, and consolidate ongoing Family Court proceedings.
Holding
The court denied Plaintiff’s motion to terminate spousal support, citing a lack of substantial change in circumstances and failure to meet statutory requirements for modification. Similarly, Plaintiff’s request for recalculating child support was denied due to insufficient evidence of a significant change in income or circumstances. However, the court granted Plaintiff’s request for consolidation of ongoing Family Court proceedings.
Rationale
The rationale behind the Supreme Court’s decision was rooted in the interpretation of relevant statutes governing spousal support and child support in New York. The court carefully considered the arguments presented by the Plaintiff, who sought termination of spousal support, recalibration of child support, and consolidation of ongoing Family Court proceedings.
Regarding spousal support termination, the court emphasized that the Family Court Act (FCA) section 412 outlined specific conditions under which spousal support orders could be modified. The court noted that, unlike the Domestic Relations Law (DRL), the FCA did not tie the duration of spousal support to the length of the marriage. Instead, FCA section 412 mandated that spousal support orders continue until certain events occurred, such as a judgment of divorce or other order in a matrimonial proceeding. The court concluded that Plaintiff had failed to demonstrate a substantial change in circumstances warranting termination of spousal support. Moreover, the court highlighted that Plaintiff’s perceived inequity with the support order issued in Family Court could be addressed through the pending divorce action.
Regarding child support recalibration, the court applied provisions from both the FCA and the DRL governing modification of child support orders. It noted that Plaintiff’s claim of reduced income due to decreased overtime hours did not meet the threshold for modification, as he had not established a change of at least 15% in his gross income. Additionally, Plaintiff’s anticipation of reduced childcare hours was not considered a substantial change in circumstances. Consequently, Plaintiff’s application for re-calculation or downward modification of child support was denied.
Conclusion
While Plaintiff’s motion was partially granted with respect to consolidation of Family Court proceedings, the requests for termination of spousal support and recalculation of child support were denied. For assistance with family law matters in New York, including spousal and child support issues, contact the experienced New York spousal support at Stephen Bilkis & Associates. We provide comprehensive legal representation and strategic guidance to help you navigate complex family law proceedings.