New York Appellate Court reverses Private School support payment.

In the decision titled Michael J.D. v Carolina E.P., the Appellate Division, First Department, reviewed a 2012 child support award that originally ordered the father to pay 100 percent of his child's tuition at a prestigious and very expensive private school in New York City.

The Appellate Division stated that while a parent can be ordered to pay his or her child's educational expenses, the court must first examine the circumstances of the case, the circumstances of the parties involved, the child's best interests and the "requirement of justice."

In this case, the appellate court noted that no reasons were offered back in 2012 for why the father should pay for private school, other than informal discussions between the father and mother about the child's future. These conversations took place when the child was only a few months old, meaning he was not close enough in age for a discussion regarding his schooling. The parents were not married or even living together when child was born. Taken together, the court determined there was no "justifiable basis" to make the father pay private school tuition.

Every child support case is different. In fact, just because the court said the father is not required to pay school tuition in this instance does not mean it won't order it in another case - it all depends on the circumstances. Before you agree with your child's mother or father regarding something as important as school, contact an attorney at Law Offices of Mindin & Mindin, P.C. at 888-501-3292.

How can I obtain Child Support from my child’s father if I think he is hiding his earnings to avoid payment?

Child support laws are designed to keep children safe and financially secure. In child custody decisions, New York State law requires courts to take account of the individual facts of each case, the circumstances of each party, and the best interests of the child. There is no general answer, and should be determined on a case by case basis.

The New York State Child Support Unit states they are not required to use current wages, but estimated based on your earning potential for child support. This means that the state has the ability to garnish your overall or potential earnings, and not what your paycheck is reporting. So for example, if the father is earning $8.55/hr at his current job, but the court senses his earning capacity is higher than his salary, the court will have the ability to increase that percentage based on their findings.

What are the repercussions if I stop paying court mandated child support?

A respondent who falls behind in payments also risks having his or her driver’s license or professional and business licenses suspended, bank accounts seized, passport revoked, and tax refunds intercepted. If the respondent is found to have willfully and voluntarily failed to pay a child support order, he or she may be jailed for up to six months, for contempt of court.

If you find yourself in this type of situation you already know how stressful and potentially troublesome this may be to your financial freedom and your business and personal life. Call us today, don't let this hang over your head for a minute longer. We can be reached anytime at 888-501-3292 where an attorney will listen to the facts of your case and offer you a free consultation.