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 that case, the New York Court of Appeals used this decision to broaden the grounds for modifying child support. This ensured that the children’s best interests remain the central concern even when parents have agreed to a support amount.

Background of the case

In the Brescia v. Fitts case, a dispute arose when the custodial parent sought additional support for a growing child. The parties had previously entered into a separation agreement that set a specific level of child support. Under the earlier rule established in Boden v. Boden, a parent who is requesting a child support modification provision had to show an “unanticipated and unreasonable change in circumstances”. This was quite a high bar, making modifications difficult to obtain.

In Brescia, however, the custodial parent argued that the existing support arrangement was no longer adequate to meet the child’s needs. So, the issue for the Court of Appeals became whether the child support could be increased even without a strict showing of “unforeseen change.”

In this case, the Court of Appeals held that courts may increase child support based on the best interests of the child, even when the parents’ agreement has not been undermined by an “unanticipated” change in circumstances. The court emphasized that a child’s right to adequate support cannot be compromised by contractual arrangements between parents.

Key takeaways from the case include:

• Child-centered standard – While the Boden case remains relevant in some contexts, it is not the sole test. Courts can adjust support obligations if the child’s needs are not being met. This is regardless of whether those needs were foreseeable at the time of the agreement.

• Factors for consideration – Courts can examine the rising cost of raising children, inflation, changes in educational or medical expenses, and the parents’ financial circumstances.

• The best interests of the children – The child’s welfare is always the guiding principle. The court retains discretion to intervene when an existing agreement does not provide sufficient support.

Key takeaways

The Brescia case reshaped the landscape of child support modification in New York. It widened the rigid Boden standard. The court allowed a more flexible and equitable approach. The decision underscored that while separation agreements are important, they cannot override a child’s entitlement to adequate financial care. This case remains central to modern child support litigation in New York.

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

Need more child support? Call the Westchester County, NY, family law attorneys at The Law Office of Robert S. Sunshine. We can help you prepare your case for modification. Call today to learn more.

Source:

jdbar.com/cases/brescia-fitts/