New York Family Law Blog
A proceeding was commenced pursuant to Criminal Procedure Laws and Rule (CPLR) to review a determination of the respondent Government Agency dated May 15, 1978 and made after a statutory fair hearing, which affirmed a determination of the local agency that the petitioner mother had willfully withheld information as to a change in income. A New York Family Lawyer said the determination is annulled, on the law, and the petition granted, without costs or disbursements.
The sole evidence in the record of willful withholding of information is the fact that the petitioner mother received a child support check and failed to report it to the respondent Government Agency. She had made no effort to conceal her child support rights. She executed an assignment of these rights to the Agency and appeared in court to press these rights prior to receipt of the check. Her un-contradicted testimony at the fair hearing was that she thought the check she received was the money remaining after the respondent Agency had taken what it was owed. This does not rise to the level of substantial evidence that she had willfully withheld information as to a change of income.
Moreover, a New York Custody Lawyer said the respondent Government Agency failed to notify the mother adequately of her duty to report changes in income. There was only a general certification signed by the mother at the time of her application for assistance. It did not contain any examples of what constituted changes in income nor is there any evidence that the mother was given verbal examples. Since she had not hidden her eligibility for child support and received the support check subsequent to her assignment of support rights, she had no reason to consider this a change in income.
A Queens Family Lawyer said at no point did the respondent Government Agency make any determination that the needs of the mother’s minor child would be met. This alone would mandate the annulment of the State Commissioner’s determination and remand for a new hearing. When it is combined with a total lack of substantial evidence to support the underlying charge, the court must annul the determination and grant the petition without any further hearing.
A Queens Custody Lawyer said in another child support proceeding pursuant to Family Court Act, the father appeals, as limited by his brief, from so much of an order of the Suffolk County Family Court as denied his objections to so much of an order of the same County Family Court dated May 21, 2010, as directed him to pay spousal support in the sum of $10 per week retroactive to May, 2007, and child support arrears in the sum of $54 per week from February 2008 through November 2008.
Contrary to the father’s contentions, the Support Magistrate’s determination that he should pay child support arrears in the sum of $54 per week from February 2008 through November 2008 was properly based upon income imputed to him. Since the father confirmed that he lost his job as a home health aide in February 2008, but could not give a reason as to why his employment was terminated, the Support Magistrate providently exercised her discretion in determining that the loss of the father’s earning ability was brought about by his own actions and thereupon imputing income to him based upon his past employment history.
The Suffolk County Family Court agrees with the father that the Support Magistrate erred in directing him to pay $10 per week in spousal support. The Family Court has no jurisdiction to make such an award in the absence of a petition for such relief. The father’s remaining contentions are either not properly before the County Court or unpreserved for appellate review.
Child support and spousal support are being given so that children and their mother can live a decent life. No amount of financial support can take the place of a partner in life and a parent to the children. If you want to fight for your right for spousal support, the Suffolk County Spousal Support Attorney together with a Suffolk County Family Lawyer can represent you in court. Stephen Bilkis and Associates can also provide a Suffolk County Child Support Attorney to make sure that your kids will be well-provided for.