ENROLLMENT IN KINDERGARTEN CAN CONSTITUTE A CHANGE OF CIRCUMSTANCES WARRANTING A REDUCTION OF CHILD CARE CONTRIBUTIONS
DIVORCE & CHILD SUPPORT LAWYER NASSAU CTY, NY
Michael Stern, Esq., a New York matrimonial and family law attorney and mediator with over 34 years of experience suggests that a Child Support Downward Modification Petition should be filed by the non-residential parent where a child has enrolled in kindergarten, resulting in a significant reduction in actual child care expenses.
In a recent case determined by the Appellate Division of the Supreme Court, Second Judicial Department, the Court held that the father had met his burden of proof of a substantial change in circumstances where the parties child had enrolled in kindergarten, resulting in a substantial reduction in child care expenses.
The Court affirmed the finding of the Family Court and reduced the father’s obligation to the pro rata share of the reasonable and actual childcare expenses paid by the mother.
I suggest that it is prudent to verify the actual childcare expenses incurred if there is a change of employment by the recipient parent or the enrollment in kindergarten. Enrollment by the child in school district based after school programs should also be scrutinized by the parent paying childcare expenses. While child support may not change if the only change in circumstances is the enrollment of a child in kindergarten, the amount of out-of-pocket childcare costs are subject to a downward adjustment.
I have been litigating Family Court Child Support Modification cases throughout my career. Recent results can be found within the TESTIMONIALS page on this website.
Focusing on the needs of the client and the results sought have always been a hallmark of my Long Island practice over 34 years. Feel free to contact me, H. Michael Stern, Esq. a Long Island divorce and family law attorney, by phone at 516-747-2290 if you are interested in discussing your matrimonial, divorce, child support or family law matter.
Due to the pandemic, I conduct telephone or in office consultations. My office is conveniently located adjacent to the Roosevelt Field Mall Ring Road at 666 Old Country Road, Suite 555, in Garden City, New York.
Written by, H. Michael Stern, Divorce & Child Support Lawyer Long Island, NY