Divorce Lawyers New York - Recent Family Law Decisons (56)
RECENT FAMILY LAW DECISIONS (56)
Private Agreements
The determination of child support is the court’s responsibility and not the parties; to allow or condone a private agreement between the parties, even if made to be binding upon them and upon the court would promote such agreements and the resulting effects would be burdensome upon the custodians as well as this state.
Parties to divorce or dissolution matters should not be allowed to contract away their responsibilities for child support in return for an agreement not to visit the children.
Even though plaintiff, under separation agreement, had waived her right under court order to automatic increases in child support, this had no merit and defendant’s estoppel argument was rejected.
The test for determining the validity of an agreement between the parties to reduce child support payments is whether that agreement meets the test of validity applicable to all releases.
Trial court’s ruling was erroneous where it denied increase in child support based on provision in the separation agreement relating to child support payments which stated that there shall be no consideration of change in circumstances until the husband’s income increased to $53,000.
In a proper case, the court can give effect to an agreement by a party to waive child support payments, or accept a lesser amount.
In determining the validity and effect, as between divorced spouses, of an agreement by which one party released the other party from an obligation under the provisions of the divorce decree to pay child support, the first question to be considered is whether the agreement meets the tests of validity applicable to all releases, and in particular, the agreement must be supported by a valid consideration.
Punitive Abatement Improper
Where abatement of support payments was solely for the purpose of forcing compliance with the order that the children be sent to visit their father, the order punished the recalcitrant plaintiff at the children’s expense and was improvidently entered.
Reduction
Agreement
In an action to enforce child support provisions, the parties did not have an agreement to reduce support payments, and even if the parties did enter into such an agreement, it was unenforceable as to installments accruing prior to due notice of the filing of a motion to modify and a showing that an agreement reached between the parties was in accord with the children’s best interests.
Death of Child
The death of one child does not give the obligor/parent the right to reduce unilaterally such unallocated child support payments.
