Contested Child Support Determinations in New York

Child support is one of the most commonly litigated issues in New York’s Family Court. Even in cases where custody and parenting time issues have been agreed upon, child support calculations, caps, and imputed income can lead to contested hearings and appeals. The most recent appellate decision demonstrates how New York courts review contested child support awards and underscores the wide discretion given to courts in apply the Child Support Standards Act.

Background of the case 

The case originated from a child support proceeding where the custodial party requested an increased level of support, as they claimed that the income of the non-custodial party was underreported. The Family Court used the Child Support Standards Act guidelines for calculating support and dismissed objections from the custodial party, who felt that their income should be imputed and increased the amount of support ordered.

The custodial party claimed that there was evidence of other income available from employment benefits, lifestyle, and discretionary spending, and imputation of income should have been ordered. The non-custodial party felt that the court used documented income correctly and applied the statutory limit correctly in calculating the support figure.

The court reviewed all the evidence and made a final decision regarding child support in compliance with the guideline calculation. 

The appeal 

On appeal, the custodial parent argued that the trial court erred in its support calculation, which they argued was due to the trial court’s failure to impute income to the non-custodial parent and its misapplication of the Child Support Standards Act. However, the appellate court rejected the arguments made by the custodial parent on appeal and affirmed the support calculation made by the trial court.

In its ruling, the appellate court pointed out that imputing income to a non-custodial parent is discretionary on the part of the trial court. Although the court may impute income to a non-custodial parent who is deliberately underemployed or who fails to disclose his or her income, there is no obligation on the court to do so unless there is credible evidence supporting imputation. In this case, there was evidence supporting the trial court’s ruling that the income reported by the non-custodial party was reliable.

The appellate court also pointed out that the trial court did not err in its application of the income cap provided by the Child Support Standards Act. This is because, although a court can consider the income above the cap in its calculation, there is no obligation to do so. Furthermore, a court’s refusal to apply the statutory factors to income received by a non-custodial parent in excess of the cap will be upheld as long as there is a rational basis supporting its ruling, provided that the amount awarded is sufficient to meet the needs of the children. 

Talk to a Westchester County, NY, Child Support Attorney Today 

The Law Office of Robert S. Sunshine represents the interests of Westchester County residents during child support hearings. Call our Westchester County family lawyers today to schedule an appointment, and we can begin discussing your next steps right away.

Source:

nycourts.gov/reporter//3dseries/2024/2024_02193.htm