Justice Jeffrey Sunshine sitting in the Supreme Court Divorce Part in Kings County presided over a case where the husband moved for a declaratory judgment that the provisions of a judgment of divorce concerning child support payments were invalid and unenforceable. A referee had addressed these issues. The referee found the child support payments of $400 per week should be paid by the husband to the wife. This determination was based on 25% of the husband’s adjusted gross income payable concerning his two children.
The husband alleged in his application to the court this provision did not contain necessary language under the Child Support Standards Act and pursuant to the New York Domestic Relations Law. Wife argued in her papers the support provision was valid and enforceable. She stated the parties knew their rights relating to the Child Support Standards Act and the Domestic Relations Law.
Justice Sunshine found the husband had made a prima facie showing the provision regarding child support was invalid and therefore unenforceable pursuant to New York Domestic Relations Law Section 240(1-b)(c). He stated in his decision that support payments under this section of the law must be based on the combined parental income not only on one parent’s income. Judge Sunshine went on to state the final judgment of divorce only reflected husband’s adjusted gross income. The wife’s income was not taken into consideration at the time of the calculation of the child support. He therefore ruled there was too much ambiguity to speculate on what the combined income of both parents were. He therefore declared the child support section of the judgment of divorce to be invalid and unenforceable.
Conclusion
The child support breakdown must be specifically set out in divorce settlement agreements that are part of the Judgment of Divorce.
About Elliot S. Schlissel
