In an action for Justice Jeffrey Sunshine sitting in the Supreme Court Divorce part in Kings County, a post judgment lawsuit was brought by the mother. The father, who was the defendant in the action, and an attorney, asked for a downward modification of child support. The issue of child support had been dealt with in a recently executed stipulation of settlement. This new case asked that the father be held in contempt because he had paid no child support for more than 18 months. There were arrears in child support which totaled over $30,000.

FATHERS DEFENSE: SHARED CUSTODY

The father claimed since he had shared custody of the child, he was entitled to be given a credit for any payment he made on behalf of the child. Justice Sunshine found the father’s claim he was financially unable to pay child support was not supported by the court record. He had paid more than $900 monthly in a car lease. In addition, he had paid gas and other expenses for his car but had made no payments towards the $1500 a month child support obligation he had to the mother. Justice Sunshine stated the record revealed the father earned over $100,000 a year and the mother earned $45,000 a year. Justice Sunshine rendered a decision that he had no authority to vacate arrears due for child support which were incurred by the father prior to bringing the lawsuit for a downward modification of child support.

CONCLUSION

The father, an attorney, should have hired an attorney experienced in handling support proceedings related to a divorce.

p>Elliot S. Schlissel, Esq. is a divorce lawyer representing men and women throughout the Metropolitan New York area. He can be reached at Elliot@sdnylaw.com or 800-344-6431.