Matter of Jennifer Rodriguez v Michael Serrano
Attorneys and Parties
Brief Summary
Family law (child support modification under the Child Support Standards Act (CSSA))
The Family Court denied the mother’s objections to a Support Magistrate’s amended order that set basic child support at $292.32 per week, required the father to pay 77% of childcare expenses, and sua sponte terminated the father’s $40 biweekly educational expense obligation.
The Appellate Division reversed, sustained the mother’s objections, reinstated the $40 biweekly educational expense, and remitted for a new child support calculation using the correct income year, with arrears recalculated retroactively.
The Support Magistrate improperly calculated income using the father’s 2022 W-2 rather than his 2023 federal return, contrary to Family Ct Act § 413(1)(b)(5)(i) [requires child support to be calculated using the parent's gross income as reported or as should be reported in the most recent federal income tax return], and there was no basis to sua sponte vacate the educational expense without a petition or request by the father.
Background
Under a 2017 order, the father was to pay $327.44 biweekly in child support, including $40 biweekly for educational expenses. On December 8, 2023, the mother sought an upward modification. After a 2024 hearing, the Support Magistrate on August 9, 2024 sua sponte vacated the educational expense and, in an October 18, 2024 amended order, set basic child support at $292.32 per week and 77% of childcare expenses based on the father’s 2022 W-2, again vacating the educational expense. The Family Court denied the mother’s objections on November 27, 2024, and she appealed.
Lower Court Decision
The Family Court (Nassau County) denied the mother’s objections, leaving in place the Support Magistrate’s use of the father’s 2022 W-2 for income, the weekly basic support amount, the 77% childcare allocation, and the sua sponte termination of the $40 biweekly educational expense.
Appellate Division Reversal
Reversed on the law. The mother’s objections were sustained. The father’s $40 biweekly educational expense obligation was reinstated. The case was remitted for a new child support calculation using the parties’ 2023 federal tax returns and for recalculation of arrears: basic child support and childcare retroactive to December 8, 2023, and educational expenses retroactive to August 9, 2024. Interim payments remain at $293.32 per week for basic support and 77% of childcare expenses.
Legal Significance
Confirms that child support under the Child Support Standards Act (CSSA) must be calculated using the most recent federal income tax return (Family Ct Act § 413(1)(b)(5)(i) [requires use of the most recent federal return]) when the hearing occurs, and that a support magistrate may not sua sponte eliminate an existing educational expense add-on absent a petition or request from a party.
In New York child support proceedings, courts must use the most recent federal tax return available at the time of the hearing to determine income, and may not sua sponte terminate established educational expense obligations without a party’s request; errors will prompt reversal, reinstatement of add-ons, and retroactive recalculation of arrears.