Summary
This Appellate Division decision reviews a Family Court order denying the mother's objections to a Support Magistrate's ruling on child support modification and arrears. The court affirmed the lower court's determination that the father's monthly child support obligation was correctly reduced upon the emancipation of their eldest child according to their separation agreement. Additionally, the court upheld the calculated arrears for add-on expenses, noting the mother failed to provide specific objections regarding unsupported receipts as required by statute.
Topics
Practice areas
Questions Presented
- Did the Family Court correctly deny the mother’s objections to the Support Magistrate’s order reducing child support and terminating maintenance?
Holdings
- The Family Court’s denial of the mother’s objections is affirmed because the Support Magistrate correctly calculated the reduced child support pursuant to the separation agreement and the mother’s objections were not specific as required by Family Court Act § 439(e).
Key quotations
“Upon the emancipation of the parties' eldest child, the Support Magistrate correctly calculated the father's reduced monthly child support obligation pursuant to the terms of the separation agreement (see Mater of Yuen v Sindhwani, 137 AD3d 1155, 1157).” (1157)
Factual background
Brian and Maureen Husch were married and had five children. A 2020 judgment of divorce incorporated a 2017 separation agreement that required the father to pay $10,416.67 per month in child support and $14,583.33 per month in maintenance. After the eldest child’s emancipation, the Support Magistrate reduced the child support to $7,853 per month and ordered termination of maintenance under Family Court Act § 412(10). The mother objected to the reduction and arrears calculations.
Procedural history
The parties divorced in 2020. The father petitioned for a downward modification of child support; the Support Magistrate reduced the obligation. The mother objected; the Family Court denied the objections. The mother appealed.