Rapaport Law Firm, PLLC
A New York Divorce Attorney's Thoughts on NY Matrimonial and Family Law
Marc Rapaport has 19 years of experience handling New York family law matters. Marc is the founder and principal of Rapaport Law Firm PLLC, a matrimonial law firm in Manhattan's Empire State Building. We hope that this blog provides you with an informative discussion of New York family law. If you are looking for a divorce lawyer in New York City, call for a free telephone consultation: ph (212) 382-1600.
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Court June 21, 2012

NEW YORK APPELLATE COURT RULES THAT LOSS OF JOB DOES NOT WARRANT DOWNWARD MODIFICATION OF CHILD SUPPORT WHERE OBLIGOR-FATHER FAILED ESTABLISH DILIGENT JOB SEARCH


Posted by Marc Rapaport

In light of today's difficult economic climate, New York's Family and Supreme Courts are adjudicating an unusually high volume of downward modification petitions filed by obligor-parents who have suffered the loss of employment or reduction in income.  Many noncustodial parents mistakenly assume that their loss of employment automatically justifies a downward modification of their child support obligations.  In fact, the loss of a job, standing alone, is not sufficient.  A downward modification may only be granted where the obligor shows that he or she has diligently sought reemployment commensurate with his or her earning capacity. 

 On May 1, 2012, a New York appellate court ruled that a father, though unemployed, had not met his burden for obtaining a downward modification because of his failure to establish that he diligently sought comparable, new employment. Riendeau v. Riendeau, (2nd Dept. 2012).

 The decision of the court in Riendeau, and the legal standard upon which the court's holding was based, reflect the tendency of many judges to maximize the amount of support payable for the support of minors.    Accordingly, courts tend to strictly interpret the evidentiary burden that the law imposes upon parents who apply for reductions of their child support obligations.

 


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RAPAPORT LAW FIRM, PLLC.
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MARC RAPAPORT IS A NEW YORK DIVORCE ATTORNEY WITH MORE THAN 18 YEARS OF EXPERIENCE. HE IS A CONTRIBUTOR TO NEW YORK MAGAZINE'S "ASK THE EXPERTS" COLUMN, AND HE REGULARLY APPEARS IN THE LOCAL AND NATIONAL MEDIA REGARDING NY DIVORCE AND FAMILY LAW. IF YOU ARE FACING DIVORCE, IT IS ESSENTIAL THAT YOU RETAIN AN EXPERIENCED NY DIVORCE LAWYER. FOR AN APPOINTMENT, CALL THE RAPAPORT LAW FIRM TODAY: (212) 382-1600 or EMAIL MR. RAPAPORT.
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