Eric Rosenfeld v Rosanna Galvanno Rosenfeld
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Attorneys and Parties
Brief Summary
Family law dispute over whether a court may continue suspending pendente lite child support because the custodial parent allegedly alienated the child from the noncustodial parent and interfered with visitation.
The Supreme Court, New York County denied the mother's motion for pendente lite child support of $25,000 per month plus a $10,000 monthly travel allowance, finding no factual or legal basis to modify its earlier suspension of the father's support obligation.
Nothing was overturned; the Appellate Division affirmed the order.
The majority held that New York case law permits prospective suspension of child support in rare cases involving parental alienation or unjustified interference with visitation, that the mother failed to show visitation had meaningfully resumed or that there was otherwise good cause to restore support, and that the child's reasonable needs were being met because the father continued paying major expenses.
Background
In a December 27, 2021 post-trial custody order issued after a 35-day trial, the motion court found by clear and convincing evidence that the mother had severely alienated the parties' child from the father. Based on that finding, the court suspended the father's pendente lite child support obligation, except that he had to pay 90% of unreimbursed medical and mental health expenses. The order stated support would remain suspended until visitation was meaningfully resumed or there was otherwise good cause to resume support. The father also represented that he would continue paying the child's private school, extracurricular, camp, and medical expenses, and the mother acknowledged that he had done so. The mother did not appeal that 2021 order. She later moved again for pendente lite child support, arguing that she had complied with the 2021 directives and that the father now had meaningful parenting time.
Lower Court Decision
The lower court treated the 2024 application as, in substance, a request to modify the earlier pendente lite ruling. It denied the motion, finding that the child remained alienated from the father, that the mother had not shown meaningful resumption of visitation or other good cause under the 2021 order, and that there were no exigent circumstances warranting modification of a pendente lite award.
Appellate Division Reversal
There was no reversal. The Appellate Division affirmed, holding that suspension of child support may be ordered prospectively in rare cases under New York case law and that the record supported the conclusion that the mother had not remedied the alienation or meaningfully restored visitation. The majority relied on evidence that the mother had not fully complied with prior directives and had continued conduct interfering with the father's parenting time. Justice Michael dissented and would have reversed and remanded for further findings on whether the mother was presently frustrating visitation and whether support should be restored.
Legal Significance
The decision reaffirms that, apart from Domestic Relations Law § 241 [permits suspension of maintenance based on visitation interference], New York courts recognize through case law a narrow doctrine allowing prospective suspension of child support where a custodial parent deliberately alienates a child or unjustifiably interferes with visitation. It also underscores that a party seeking to modify a pendente lite suspension must show meaningful resumption of visitation, good cause, or exigent circumstances, especially where the earlier order was not appealed.
A parent seeking to restore suspended pendente lite child support after a finding of severe parental alienation must present concrete proof that visitation has meaningfully resumed or that other good cause exists; absent that showing, and where the child's needs are otherwise being met, the suspension may remain in place.