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 can petition to recalculate child support based on current incomes, even if the absence of an unexpected event.
• 15% change in income – A child support modification can be sought sooner if one parent’s gross income has changed (up or down) by at least 15% since the last order. The change must also be involuntary.

Absent those grounds, you cannot petition the court for a modification of child support. This very matter was addressed in the case of Yaroshevsky v. Yaroshevsky, 219 A.D.3d 609 (2d Dep’t 2023). In this article, the Rockland County divorce lawyers at the Law Office of Robert S. Sunshine will discuss the case and how it applies to child support modifications.

Background of the case 

In this case, the parents were divorced with two children. A consent support order dated June 1, 2018, required the father to pay $2,366 per month plus $450/month for child care. Three years later, the mother petitioned the court for an upward modification. The father sought to reduce his child support burden.

In 2022, a Support Magistrate order granted the mother’s request to increase child support payments and denied the father’s request to reduce them. Support was increased to $3,750 + $304/week and $4,150/month + $292/week starting in March 2022.

The father appealed the decision.

Three issues needed to be addressed upon appeal:

• Whether a downward modification is warranted due to the father’s alleged unemployment.
• Whether the upward modification was proper, including applying the support formula and calculating income exceeding the statutory cap.
• Whether child car expenses should be credited as claimed by the father.

The appeal 

In this case, the appeals court upheld the trial court’s decision and denied the father’s request to decrease his child support burden. While a loss of employment can constitute a “substantial change” in circumstances, the parent must show that the unemployment was through no fault of their own and that they made a diligent effort to secure a job appropriate to their skills and background.

The court granted the upward modification of child support. The Child Support Standards Act applies a formula up to an income cap. Above that, the court has discretion to apply the statutory factors under F.C.A. § 413(1)(f) and Domestic Relations Law § 240(1-b)(f) or apply the formula or both.

The court is required to articulate its reasoning for any departure from the formula, considering factors such as parental resources, the children’s standard of living, and more. Hence, the court found in favor of the mother and granted her upward modification of child support.

Talk to a Rockland County, NY Child Support Lawyer Today

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

Source:

law.justia.com/cases/new-york/appellate-division-second-department/2023/2022-08027.html