Feldsherova v Lee
Categories
Attorneys and Parties
Brief Summary
Family law dispute over modification or suspension of child support after the payor parent lost his job and later obtained lower-paying employment.
The Supreme Court, Kings County, denied without a hearing the defendant's request to suspend his child support obligation.
The Appellate Division overturned the portion of the order denying the defendant's motion to suspend or modify child support without a hearing.
Although the defendant made a prima facie showing that his income had dropped by more than 15%, that the loss was involuntary, and that he diligently sought comparable work, the parties' submissions revealed genuine issues of fact that required an evidentiary hearing.
Background
The parties divorced in 2023 under a judgment that incorporated but did not merge two prior agreements. Those agreements provided for shared residential custody of their two children, required the defendant to pay child support, and allowed either party to seek modification if either party's gross income changed by 15% or more. In January 2024, the defendant moved to suspend his child support obligation after losing his job. While the motion was pending, he obtained new employment, but claimed that the new position paid substantially less than his former job. The plaintiff opposed the motion.
Lower Court Decision
The Supreme Court, Kings County, denied without a hearing the branch of the defendant's motion seeking suspension of his child support obligation.
Appellate Division Reversal
The Appellate Division reversed the order and remitted the matter to the Supreme Court, Kings County, for a hearing on the defendant's motion and a new determination thereafter in accordance with the Child Support Standards Act (CSSA).
Legal Significance
The decision reinforces that under Domestic Relations Law § 236[B][9][b][2][ii][B] [permits modification of child support where either party's gross income has changed by 15% or more since the order was entered, last modified, or adjusted], a parent seeking a reduction based on decreased income must show that the reduction was involuntary and that the parent made diligent efforts to obtain employment commensurate with his or her education, ability, and experience. It also confirms that when motion papers reveal genuine factual disputes, a court may not deny child support modification relief without first holding a hearing.
A court cannot summarily deny a child support modification request where the moving parent presents evidence of a substantial involuntary income reduction and diligent job-search efforts, and the opposing papers raise factual disputes; a hearing is required before deciding the issue.