Judge Thomas A. Rademaker

familyUnder what circumstances may a step-parent’s income and assets be considered by a court when deciding whether awarding the formula amount of support would be unjust or inappropriate? When may a court deviate from the formula because of a parent’s obligation to support the children of another relationship?

These were the issues discussed by the Appellate Division, Second Department, in its April 5, 2017 decision in Hall v. Pancho.

The parties, who were never married, had one child in common, age 11. After a hearing to determine the amount of the father’s modified child support obligation, Nassau County Family Court Support Magistrate Elizabeth A. Bloom found that were the formula set forth in the Child Support Standards Act (the CSSA) to be applied, the father’s pro rata share of the basic child support obligation would have been biweekly payments in the sum of $839.76. The father argued that the full formula should not be awarded because of his need to support the children of his marriage. Magistrate Bloom apparently agreed, deviating downward from the CSSA formula and determining the father’s child support obligation would be $425.00 biweekly. The mother filed objections to the Support Magistrate’s order, which were subsequently denied by Family Court Judge Thomas A. Rademaker. The mother appealed.

Continue Reading Considering a Step-Parent’s Income and Assets on Child Support Awards