Westchester County, NY Family Law Blog

Friday, April 19, 2013

Appellate Court Rules That A Non-Custodial Parent Is Not Entitled To Child Support Payments

The Appellate Division, First Department has reversed a Manhattan Supreme Court judge who held that an unemployed, non-custodial mother would be entitled to child support from a far wealthier father;(see Rubin v. Della Salla, 2013 N.Y. Slip Op. 02681 (1st Dept. 2013)).  The parents were never married; thus, the mother was not entitled to alimony; however, she had sought an award of child support from the lower court, claiming that despite the fact that the father was awarded custody (resulting in him having the child 56% of the time), it would be unjust and inappropriate for the court not to award her child support.  The lower court agreed with the mother, and refused to dismiss her application for child support as requested by the father.  The father appealed.

The appellate court reversed the lower court's ruling, holding that the child support statute (known as the Child Support Standards Act, found in Domestic Relations Law Section 240), as well as the supporting case law, make it clear that despite any economic disparity between parents, only the "custodial parent," defined as the parent who has the child for the majority of the year, is entitled to an award of child support.

Berman Frucco Gouz Mitchel & Schub p.c. is located in White Plains, NY and serves clients throughout Westchester County, including but not limited to Ardsley, Bronxville, Bedford, Briarcliff Manor, Chappaqua, Dobbs Ferry, Eastchester, Harrison, Hartsdale, Hastings on-Hudson, Irvington, Larchmont, Mamaroneck, Mount Kisco, Mount Vernon, New Rochelle, Pelham, Pleasantville, Pound Ridge, Purchase, Rye, Scarsdale, Tarrytown, Sleepy Hollow, White Plains, Yonkers, and Yorktown.

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