Category Archives: Child Support
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… Read More »
New York Court Addresses Downward Modification of Child Support Order
There are three grounds for child support modification in New York: Substantial change in circumstances – Either parent can request a modification (upward or downward) if there’s a significant unforeseen change since the original order. At least three years have passed since the original order or last modification – In that case, a parent… Read More »
New York Court Addresses Standards for Modifying Child Support Payments
Are you looking to modify a child support order? It may be more difficult than you think. Child support orders in New York must balance the terms of parental agreements with the evolving needs of children. One of the more important cases in New York surrounding child support payments is Brescia v. Fitts. In… Read More »
Understanding Your Legal Obligation Toward a Disabled Child
On October 8, 2021, the New York legislature signed into law a measure that expanded a parent’s duty to support their disabled child until the age of 26. But how is this law interpreted by the courts? One way to answer this question is by looking at a real case. On August 5, 2022,… Read More »
How Long Do I Have to Pay Child Support in New York State?
Generally speaking, most parents will be paying child support until their child turns 21 years of age. There are, however, exceptions to this rule. For example, child support payments can be terminated if the child is emancipated. This means that the child is self-supporting and no longer lives with their parents. A child under… Read More »
In New York, Child Support Can be Extended till the Age of 26
Child support fills a valuable purpose in New York State. It ensures that both parents fulfill their financial obligations toward their children. The general rule is that the parent who has residential custody of the child is entitled to recover child support from the non-custodial parent. This parent pays child support on a monthly… Read More »
Can I Modify My Child Support Order in New York?
Yes, but there is a caveat. In New York State, either the custodial parent or the non-custodial parent can petition the Family Court for a modification of child support. In either case, there are two facts that the petitioner must establish. First, the petitioner must show that there has been a substantial change in… Read More »
Former Husband Forced to Pay More Child Support After Moving Out of the Family Home
In the case of Fasano v. Fasano, the parties were married in 1993 and had two children together. On October 25, 2012, the parties entered into a stipulation of settlement regarding a prior divorce action. The stipulation provided that, using the Child Support Standards Act (CSSA) calculation, the defendant’s monthly child support obligation would… Read More »
Modifying Child Support Payments
Starting in 2023, a number of companies – including those here in New York – started laying off workers. For many parents undergoing the experience of losing their jobs, not only do they now have to worry about how to cover their mortgage, bills, and basic costs of living, but also, in some circumstances,… Read More »