Bajana v Alvarado
Attorneys and Parties
Brief Summary
Family law — enforcement of child support arrears under a settlement stipulation; scope of recovery for arrears accruing during the pendency of an enforcement motion under New York Domestic Relations Law § 244 [authorizes a judgment directing payment of arrears] and § 244-a [authorizes recovery of additional arrears accruing during the proceeding upon written notice].
Awarded only $1,200 in arrears through the filing date of the plaintiff’s motion, finding insufficient proof of nonpayment after filing.
The limitation of arrears to $1,200 and the refusal to include arrears that accrued after the motion was filed.
Plaintiff gave written notice under § 244-a to include arrears accruing during the pendency of the enforcement proceeding, and defendant admitted he had not paid support, which constituted prima facie proof of continued nonpayment.
Background
The parties married in 2006 and have one child (born 2005). Plaintiff commenced a divorce action on October 18, 2023. On November 27, 2023, they entered a stipulation of settlement requiring defendant to pay $150 per week in child support. In August 2024, plaintiff moved to enforce, asserting nonpayment since June 24, 2024, seeking $1,200 in arrears through filing and additional arrears accruing during the motion’s pendency. Defendant admitted nonpayment but claimed inability to pay.
Lower Court Decision
The Supreme Court, Nassau County, granted enforcement but awarded only $1,200, reasoning plaintiff failed to prove nonpayment after the motion’s filing date.
Appellate Division Reversal
Reversed insofar as appealed from, with costs, and remitted for a new determination of the total arrears owed, including amounts accruing after the motion was filed. The court held that written notice under Domestic Relations Law § 244-a allowed inclusion of post-filing arrears and that defendant’s concession of nonpayment was prima facie evidence of continuing nonpayment.
Legal Significance
Reaffirms that a party may seek a judgment for support arrears at any time under Domestic Relations Law § 244 [authorizes a judgment directing payment of arrears], and that, with written notice under § 244-a, arrears accruing during the pendency of the enforcement proceeding must be included. An obligor’s admission of nonpayment can satisfy the movant’s prima facie burden regarding continued arrears.
When enforcing child support set by stipulation, provide written notice under Domestic Relations Law § 244-a to capture arrears accruing during the motion; the payor’s admission of nonpayment is sufficient prima facie proof for post-filing arrears.