Former Husband Forced to Pay More Child Support After Moving Out of the Family Home

In the case of Fasano v. Fasano, the parties were married in 1993 and had two children together. On October 25, 2012, the parties entered into a stipulation of settlement regarding a prior divorce action. The stipulation provided that, using the Child Support Standards Act (CSSA) calculation, the defendant’s monthly child support obligation would be $1,994.45 on the first $130,000 of combined parental income and $2,575.61 on the total combined parental income. Despite that, the parties agreed that the defendant’s monthly child support obligation would be $1,500. The stipulation also provided that there would be no “add-ons” or “additional health costs” added to these support payments even though the CSSA provides that each parent’s share of unreimbursed health care expenses is to be prorated in the same proportion as each parent’s income is to the combined parental income. The stipulation contained an explanation that the deviation from the CSSA calculation was necessary to allow the defendant to retain the marital residence as a place for the children to be with him when they are together. The plaintiff requested that the terms of the stipulation of settlement be incorporated into the judgment for divorce.

However, in June 2014, the plaintiff moved for an upward modification of the defendant’s child support obligation including an add-on for unreimbursed health care expenses. The plaintiff presented evidence that the defendant had recently sold the marital residence that was the basis for the reduction in the child support payments. The plaintiff also presented evidence that one of the children required significant unreimbursed health care expenses after being hospitalized for mental illness. The Supreme Court denied that branch of the plaintiff’s motion for an upward modification of child support payments.

A judgment of divorce was entered in 2017 that incorporated but did not merge the stipulation of settlement and awarded the plaintiff child support in the sum of $1,500 per month. The plaintiff appealed hoping to secure more money from child support payments. However, the appeals court found that the order should be dismissed because the right of direct appeal terminated with the entry of the judgment of divorce.

However, the issue as to whether or not the defendant should increase their child support payments hinged on the defendant remaining in the family home. The appeals court found that the Supreme Court should have granted that branch of the plaintiff’s motion for an upward modification of the defendant’s child support obligation. The stipulation indicated that the parties’ reason for deviating from the CSSA calculation was to allow the defendant to remain in the family home as a place for the children to come when they spent time together. The appeals court found that the Supreme Court should have granted the plaintiff’s motion after the defendant sold and moved out of the family home due to a substantial change in circumstances impacting the original agreement.

Talk to a Rockland County Divorce Lawyer Today 

The Rockland County family law attorneys at The Law Office of Robert S. Sunshine represent the interests of divorcing couples and those seeking modifications to their child support obligations. Call our Westchester County family lawyers today to schedule an appointment, and we can begin answering any questions you may have.

Source:

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