New York Court Discusses the Modification of Child Support Agreements

New York State doesn’t allow parents to permanently “lock in” a child support amount that doesn’t meet the child’s needs. The Court of Appeals decision in Matter of Brescia v. Fitts remains an important case for when the courts can modify an existing child support order. This case drew a clear line between protecting parental agreements and protecting a child’s right to support. In this article, the Rockland County, NY, divorce attorneys at the Law Office of Robert S. Sunshine will discuss the case and why it’s important to New York State law.

Background of the case

In Brescia, the parents had signed a separation agreement that fixed the father’s child support obligation. Several years later, the mother petitioned the court for an increase in child support payments. She argued that the children’s expenses had increased and the father’s income had also increased. The father opposed the request, citing Matter of Boden v. Boden, 42 N.Y.2d 210 (1977). This ruling held that courts generally cannot disturb support terms in a surviving agreement unless there is an unanticipated and unreasonable change in circumstances.

Thus, the question before the court was: Did Boden bar any upward modification of child support when the children’s basic needs had changed, even if those changes were foreseeable?

Understanding the court’s ruling 

In this case, the Court of Appeals sided with the custodial parent (the mother) and clarified an important distinction. While Boden restricts modification of a voluntary and fair separation agreement between parents, that rule cannot override a child’s independent right to adequate support. The court thus reaffirmed that New York courts always retain the authority to ensure that children receive sufficient financial care.

In other words, the Brescia decision established that:

• The child’s needs are paramount – Even when parents agree to a fixed sum, the court can modify child support when evidence shows the children’s expenses have risen significantly, or that the standard of living no longer matches the noncustodial parent’s means.
• If the parent’s finances improve – A substantial increase in the paying parent’s income can justify an upward modification. This is particularly true when the parent enjoys a much better lifestyle than their children.
• The “unanticipated change” rule is not absolute – Courts now apply Boden narrowly when modification is sought on the child’s behalf, rather than by a parent for personal benefit.

This case is still important 

Forty years later, Brescia remains an important case to New York State. The case continues to guide family law judges when balancing parental autonomy with the child’s welfare. This decision underscores that child-support agreements are subject to ongoing supervision. The child’s right to adequate support cannot be waived, traded, or frozen.

Talk to a Rockland County, NY, Divorce Lawyer Today

The Law Office of Robert S. Sunshine represents the interests of Rockland County residents who need to modify a child support order. Call our Rockland County family lawyers today to schedule an appointment, and we can begin discussing your next steps right away.

Source:

lawpipe.com/New-York/Matter_of_Brescia_v_Fitts.html#:~:text=In%20Matter%20of%20Brescia%20v,existence%20of%20a%20separation%20agreement.