Divorce: New York

Divorce: New York

Tag Archives: Unallocated

Absent Provision in Divorce Agreement, No Reduction in Child Support on Emancipation of Elder Child

Posted in Agreements and Stipulations, Child Support (C.S.S.A.)
A court will not provide for a reduction in child support upon the emancipation of the elder of two children when the parties’ divorce settlement stipulation, itself, does not provide for one. So held the Appellate Division, First Department, in its 3-2 December 29, 2015 decision in Schulman v. Miller. That settlement stipulation required the husband… Continue Reading

Emancipation Of One Child Does Not Automatically Result in a Downward Modification of Unallocated Child Support

Posted in Child Support (C.S.S.A.), Modification-agreements-and-stipulations
The emancipation of a child does not automatically result in the downward modification of an unallocated order of child support. Rather, the support payor has the burden of proving that the existing  amount of unallocated child support is excessive based on the needs of the remaining unemancipated children. Such was the holding of the Appellate… Continue Reading