Articles Posted in Child Support

In Matter of Scotto v. Alexander, the Appellate Division, Second Department, reviewed a Family Court decision denying a father’s request to relocate with his children from New York to South Carolina. The case examined the legal standard for relocation, the factors courts must weigh when a custodial parent seeks to move, and how evidence on financial stability, educational needs, and family support can influence the court’s determination. It also addressed the impact of relocation on the noncustodial parent’s access to the children and how parenting schedules can be adjusted to preserve relationships.

Background Facts
The parents, who were never married, had two children, born in 2012 and 2016. In April 2017, they entered into a so-ordered stipulation of settlement granting the father sole legal and residential custody. The mother was given supervised parental access.

The father and children lived in a house in New York owned by the father’s grandmother. In November 2021, the father filed a petition to modify the 2017 stipulation to allow him to relocate with the children to South Carolina. He testified that he could no longer continue renting his grandmother’s house. The mother contributed $25 per month in child support for both children.

In the case Matter of Michelle B. v. Thomas Y., 2022 NY Slip Op 50020(U), the Family Court of Kings County reviewed objections filed by a mother challenging a Support Magistrate’s refusal to vacate an agreement she had made during a child support enforcement proceeding. The issue involved a stipulation in which the mother agreed to accept a future pension payment in exchange for waiving more than $140,000 in child support arrears.

Background Facts

Michelle B. and Thomas Y. are the parents of a child born out of wedlock in 1992. In 2011, a support order was issued directing the father to pay child support through the Support Collection Unit (SCU). The father was previously found in willful violation of the order and served a six-month jail sentence in 2019. At that time, arrears were converted into a judgment and the father began paying $23 bi-weekly under a SCU payment plan.

In a child support case, business records may need to be produced to determine a parent’s true income, especially if they are self-employed or own a business. Unlike regular wage earners, business owners may have control over how income is reported. Financial statements, tax returns, and expense records can help the court assess actual earnings and verify whether income is being hidden or underreported. Accurate income information is necessary to calculate a fair support amount. Records from a spouse or partner’s business may also be relevant if household expenses are being shared or subsidized by that income.

In Matter of Abidi v. Antohi, the Appellate Division, Second Department, considered whether a nonparty husband could appeal a Family Court order compelling him to produce business records in a child support proceeding involving his wife and her former partner.

Background Facts

In Matter of Pudvah v. Pudvah, the Appellate Division, Third Department, addressed whether a family court in New York had the legal authority to confirm a support violation order that was never initiated by a proper petition. The court found that, without a formal violation petition filed under Family Court Act § 453, the lower court lacked subject matter jurisdiction. As a result, the support violation order against the father was vacated.

Background Facts

The mother and father divorced in Florida in 2014. As part of the divorce judgment, the father was required to pay $84 per month in child support. The father later moved to New York. In 2016, the Florida child support agency requested that the New York Family Court register the support order for enforcement purposes under the Uniform Interstate Family Support Act (UIFSA). The Support Magistrate in New York registered the order in November 2016 and determined that the father owed arrears.

In New York, when a parent has overpaid child support, they may be entitled to a credit for excess payments. This credit applies to future child support obligations. The process usually requires a formal court order or a judge’s decision confirming the overpayment and approving the credit. This situation often arises after a successful appeal or modification of a child support order that results in a reduced payment obligation. In Merritt v. Merritt 188 A.D.3d 886 (N.Y. App. Div. 2020), a proceeding in Westchester County, New York, a father appealed a Family Court decision that limited the credit he received for excess child support payments.

Background Facts

The parties involved, a mother and a father, were divorced in 2010 after having three children together. As part of the divorce settlement incorporated into the judgment, the father was mandated to pay $3,272 monthly in child support. This amount was subject to an annual recalculation based on his income, which was to be at least $175,000. In December 2014, following a consent order, his child support obligation increased to $4,593 per month.