New York Family Law Blog
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
The father and the mother share a child, and a child support order was issued in November 2018, requiring the father to pay the mother $504 monthly. Following the mother’s petition alleging the father’s willful violation of the child support order, a Support Magistrate determined that the father owed child support arrears amounting to $16,205.67. The Magistrate found that the father failed to provide evidence that a medical condition prevented him from fulfilling his support obligations.
Issue
Whether the father willfully violated the child support order and whether he provided sufficient evidence to support his inability to make the required payments due to a medical condition.
Holding
The Family Court denied the father’s objections to the Support Magistrate’s determination and confirmed the finding that the father willfully violated the child support order. Additionally, the court upheld the determination of child support arrears and imposed consequences on the father for his non-compliance.
Discussion
First, the court emphasized the presumption under New York law that individuals charged with the support of a child are deemed to have sufficient means to fulfill their obligations. This presumption places the burden on the non-compliant party to provide credible evidence if they claim an inability to meet their support payments.
In this case, the mother presented evidence demonstrating that the father failed to pay child support as ordered, which constituted prima facie evidence of a willful violation. This shifted the burden to the father to offer competent and credible evidence of his alleged inability to make the required payments. However, the court found that the father failed to meet this burden adequately.
The court carefully considered the evidence presented by the father, particularly regarding his medical condition. The father claimed that a back condition prevented him from finding and maintaining gainful employment, thus impacting his ability to meet his child support obligations. However, upon reviewing the father’s medical records, the court determined that they did not sufficiently establish a connection between his back condition and his ability to work.
Additionally, the court referenced previous legal precedents and statutes governing child support obligations in New York. It highlighted the obligation of the non-compliant party to provide competent and credible evidence of their inability to pay, as established in relevant case law. The court also considered statutory provisions, such as Family Court Act § 454(3)(a), which outlines the presumption of sufficient means and the consequences of failure to pay support as ordered.
Furthermore, the court addressed the specific provisions of the child support order and the determination of child support arrears. It noted that the father failed to provide evidence to support his claim that his back condition prevented him from working in any capacity, which would have triggered certain statutory exceptions related to child support arrears.
Conclusion
The Family Court appropriately denied the father’s objections and confirmed the Support Magistrate’s determination regarding the willful violation of the child support order. This case underscores the importance of complying with court-ordered child support obligations and the need for credible evidence to support claims of inability to pay. If you are facing a child support dispute, contact an experienced New York child support lawyer.