New York Family Law Blog
In a child support proceeding pursuant to Family Court Act, the mother appeals from an order of the County Family Court which denied her objections to so much of an order of the same court, as, after a hearing, granted that branch of the father’s petition which was for a downward modification of his child support obligation as set forth in a stipulation of settlement, which was incorporated but not merged into the parties’ judgment of divorce to the extent of reducing his child support obligation from the sum of $700 per month to the sum of $74 per month, and, in effect, denied her cross petition for an upward modification of the father’s child support obligation.
A New York Family Lawyer said the order is reversed, on the law and the facts, with costs, the mother’s objections are sustained, so much of the order as granted the branch of the father’s petition which was for a downward modification of his child support obligation to the extent of reducing his child support obligation from the sum of $700 per month to the sum of $74 per month and, in effect, denied her cross petition for an upward modification of the father’s child support obligation is vacated, that branch of the father’s petition which was for a downward modification of his child support obligation is denied, the mother’s cross petition for an upward modification of the father’s child support obligation is reinstated, and the matter is remitted to the County Family Court for a hearing and new determination on the mother’s cross petition for an upward modification of the father’s child support obligation; and it is further ordered that pending a new determination, the child support provisions of the stipulation of settlement which were incorporated but not merged into the judgment of divorce are reinstated.
A New York Child Custody Lawyer said the terms of a stipulation of settlement that is incorporated but not merged into a judgment of divorce operate as contractual obligations binding on the parties. Generally, child support provisions deriving from such an agreement may be modified upon a showing that the agreement was not fair and equitable when entered into, or upon a showing of an unanticipated and unreasonable change in circumstances. Here, the father did not establish that the parties’ stipulation of settlement was not fair and equitable when entered into, and further failed to establish a showing of an unanticipated and unreasonable change in circumstances. Accordingly, the father was not entitled to a downward modification of his child support obligation as set forth in the parties’ stipulation of settlement, and the mother’s objections regarding the downward modification should have been sustained.
Additionally, since the support magistrate improperly precluded the mother from providing testimony regarding her cross petition for an upward modification of the father’s child support obligation, her objections as to that issue should also have been sustained. Accordingly, the court reinstate the mother’s cross petition and remit the matter to the Family Court, Kings County, for a hearing and new determination on the mother’s cross petition for an upward modification of the father’s child support obligation. In light of our determinations, the court need not address the mother’s remaining contentions.
A Staten Island Family Lawyer said in another action, in effect, to vacate certain orders of the Family Court, the complainant appeals, as limited by his brief, from so much of an order of the County Supreme Court as, sua sponte (one’s own will) vacated a prior order of the same court and remitted all pending matters to the County Family Court for determination.
The order appealed from did not determine the complainant’s motion to clarify a prior order of the same court but, instead, sua sponte vacated that prior order and remitted all proceedings for determination to the Family Court. Accordingly, the sua sponte order is not appealable as of right because it did not decide a motion made on notice, and the court decline to grant leave to appeal.
Children are parent’s obligations. When parents argue on child custody and child support, children suffer the most. In order to fully understand your rights to help you win your family issue related action, consult the Kings County Family Lawyer together with the Kings County Child Custody Attorney from Stephen Bilkis and Associates.