Child Support

Published on: September 12, 2024

Does the Family Court have jurisdiction over a child support petition if another court has already issued an order?? Dawson v. Iskhakov 216 A.D.3d 950 (N.Y. App. Div. 2023)

by Stephen Bilkis

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, and juvenile delinquency, aiming to ensure the protection and stability of children within the state. Additionally, the New York Family Court adjudicates cases involving domestic violence, issuing orders of protection and facilitating access to necessary resources for victims. Its jurisdiction extends to matters of family offense proceedings, including allegations of abuse and neglect within familial relationships. With a focus on mediation and rehabilitation, the Family Court strives to promote familial harmony while upholding the rights and safety of all individuals involved, making it a vital institution for resolving complex family issues in the state of New York.

Dawson v. Iskhakov, 216 A.D.3d 950 (N.Y. App. Div. 2023) focuses on an issue related to the jurisdiction of the Family Court when it comes to child support matters.

Background Facts

Published on: August 12, 2024

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)

by Stephen Bilkis

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 the mother) in 2012.

In New York, Family Court will grant a downward modification in child support only under limited circumstances as follows:

Financial Hardship: One of the most common reasons for seeking a reduction in child support payments is a significant change in the financial circumstances of one or both parents. For example, if the non-custodial parent experiences a loss of income, such as unemployment or disability, they may petition the court for a reduction in child support payments. However, it’s essential to demonstrate that the loss of income is involuntary and not due to willful neglect or avoidance of child support obligations.

Published on: July 31, 2024

Family Court’s authority to modify settlement agreements. Deborah K. v. Richard K., 203 A.D.3d 433 (N.Y. App. Div. 2022)

by Stephen Bilkis

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 the case before the Family Court of New York County, the dispute stemmed from a stipulation of settlement agreement entered into by the parties on February 26, 2013. A stipulation of settlement agreement in New York is a legal document that outlines the terms and conditions agreed upon by parties involved in a legal dispute, typically in the context of a divorce or family law matter. It serves as a formal agreement reached through negotiation or mediation, whereby the parties agree to resolve their differences and settle their legal issues outside of court.

Published on: July 10, 2024

Leathers v. Smalls 192 A.D.3d 892 (N.Y. App. Div. 2021)

by Stephen Bilkis

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 consequences imposed by the court.

In New York, child support is determined based on a standardized formula outlined in the Child Support Standards Act (CSSA). This formula considers several factors, including each parent’s income, the number of children requiring support, and certain expenses such as daycare and medical insurance premiums. The CSSA provides a guideline percentage of the non-custodial parent’s income to be allocated for child support, with adjustments made for various circumstances such as shared custody or extraordinary expenses. Courts typically use this formula to calculate child support obligations, ensuring consistency and fairness in support determinations across cases. However, courts may deviate from the guideline amount under certain circumstances, such as when the application of the formula would be unjust or inappropriate.

Background Facts

Published on: May 29, 2024

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)

by Stephen Bilkis

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. Family Court Act § 451 provides the grounds for modifying an existing child support order. One such ground is a substantial change in circumstances since the entry of the last child support order. This change must be significant and ongoing, affecting either the financial situation of the parents or the needs of the child.

Another ground for modification is the passage of three years since the entry of the last child support order, or since the order was last modified, whichever is later. This provision allows for a review of child support obligations to ensure they remain fair and appropriate over time.

Published on: April 22, 2024

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)

by Stephen Bilkis

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 latter. In many instances, child support arrangements are established as part of the divorce settlement, outlining the financial obligations of each parent towards their children. Divorce decrees or settlement agreements typically specify the amount of child support to be paid, the frequency of payments, and any additional financial responsibilities related to the children’s upbringing. By establishing clear terms during the divorce process, the court sets the stage for subsequent child support proceedings, providing a framework for resolution and enforcement.

Moreover, divorce cases create legal precedents that guide child support matters in the future. Courts often refer to the terms outlined in the divorce decree when adjudicating disputes related to child support. This ensures consistency and adherence to the original agreement, promoting fairness and stability in child support arrangements.

Published on: April 15, 2024

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)

by Stephen Bilkis

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 or relief checks, are financial assistance provided by the government to individuals or households during times of economic hardship or crisis. These payments are intended to stimulate economic activity, support struggling individuals, and mitigate the effects of financial downturns. Stimulus payments are typically distributed through direct deposits, paper checks, or prepaid debit cards.

Background Facts

The case involves a mother and father who are separated and have five children together, born between 2007 and 2017. In August 2019, the father consented to an order of support, agreeing to pay the mother a weekly sum for child and spousal support. However, in December 2020, the mother filed a family offense petition against the father, citing harassment and assault. Subsequently, in January 2021, she initiated a divorce action.

Published on: January 15, 2024

Court determined that support agreement did not cover food and shelter expenses. Horne v. Horne, 22 N.Y.2d 219 (N.Y. 1968)

by Stephen Bilkis

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 pursuing immediate divorce proceedings. Once signed, it serves as a binding contract that both parties must adhere to. The separation agreement provides a structured framework for resolving key issues, facilitating a smoother separation process while minimizing potential conflicts and uncertainties.

In Horne v. Horne, a dispute developed over how to interpret the terms of the child support provisions of their separation agreement.

Background Facts

Published on: November 15, 2023

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).

by Stephen Bilkis

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 child support order arises when there is a presumption that a respondent has sufficient means to support their minor children, and there is evidence demonstrating a failure to pay support as ordered. This presumption is codified n Family Court Act § 454(3)(a). When the party receiving child support presents evidence that the respondent has not complied with the court-ordered support obligations, it creates a prima facie case of willful violation.

Once the custodial parent establishes this prima facie case, the burden shifts to the noncustodial parent (the respondent) to provide credible and competent evidence demonstrating an inability to make the required support payments. The noncustodial parent must present evidence showing reasonable efforts to obtain gainful employment or any other circumstances that might hinder their ability to meet the support obligation.

Published on: August 16, 2023

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)

by Stephen Bilkis

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 analysis delves into the background facts, key issues, the court’s holding, and the broader implications of the decisions rendered by the Family Court.

Background

In the period preceding this legal dispute, Kanya J. and Christopher K., parents to a shared child and co-parented. The initial arrangement, established in a consent order dated March 2017, conferred sole custody upon the mother, while the father was granted a graduated parenting time schedule. However, as subsequent months unfolded, a cascade of developments triggered a sequence of legal actions. The mother, citing apprehensions about the child’s well-being, sought to restrict the father’s parenting time.