You are here: / / MOTHER’S PETITION FOR A DOWNWARD MODIFICATION OF CHILD SUPPORT SHOULD...

MOTHER’S PETITION FOR A DOWNWARD MODIFICATION OF CHILD SUPPORT SHOULD NOT HAVE BEEN DISMISSED BASED ON MOTHER’S PARAMOUR’S REFUSAL TO PROVIDE FINANCIAL DISCLOSURE.

The Fourth Department, reversing (modifying) Family Court, determined mother’s petition for a downward modification of child support should not have been dismissed based on the refusal of mother’s paramour to provide financial disclosure:

​

… [T]he Support Magistrate erred in dismissing the mother’s cross petition for a downward modification of child support. The sole justification for that dismissal was the mother’s failure to provide financial disclosure from her paramour, a nonparty, who had filed an affidavit stating that he refused to provide financial disclosure to the court. “While certain penalties or sanctions may be appropriate for the individual conduct of [the mother] . . . , it is apparent that the actions of a nonparty weighed heavily in the decision to invoke the ultimate penalty’ “… . Under the circumstances of this case, we conclude that the court erred in dismissing the cross petition based on a nonparty’s refusal to disclose financial information voluntarily … . We therefore modify the order … by granting the mother’s objection in part and reinstating the mother’s cross petition for a downward modification of child support, and we remit the matter to Family Court for a new hearing on the cross petition. Matter of Deshotel v Mandile, 2017 NY Slip Op 04972, 4th Dept 6-16-17

​

FAMILY LAW (CHILD SUPPORT, MOTHER’S PETITION FOR A DOWNWARD MODIFICATION OF CHILD SUPPORT SHOULD NOT HAVE BEEN DISMISSED BASED ON MOTHER’S PARAMOUR’S REFUSAL TO PROVIDE FINANCIAL DISCLOSURE)/CHILD SUPPORT (FAMILY LAW,  MOTHER’S PETITION FOR A DOWNWARD MODIFICATION OF CHILD SUPPORT SHOULD NOT HAVE BEEN DISMISSED BASED ON MOTHER’S PARAMOUR’S REFUSAL TO PROVIDE FINANCIAL DISCLOSURE)

You might also like
BECAUSE THE ISSUE WAS NOT PRESERVED, THE APPELLATE COURT DID NOT ADDRESS DEFENDANT’S OBJECTION TO THE TRIAL JUDGE’S PROHIBITING DEFENDANT FROM COMMUNICATING WITH HIS ATTORNEY DURING OVERNIGHT RECESSES WHEN DEFENDANT WAS ON THE STAND (FOURTH DEPT).
IT IS REVERSIBLE ERROR FOR A JUDGE TO NEGOTIATE A PLEA DEAL WITH A CODEFENDANT IN EXCHANGE FOR TESTIMONY AGAINST THE DEFENDANT (FOURTH DEPT).
PLAINTIFF FELL THROUGH A SKYLIGHT HOLE WHEN ATTEMPTING TO REMOVE PLYWOOD WHICH WAS COVERING THE HOLE; PLAINTIFF WAS PROPERLY AWARDED SUMMARY JUDGMENT ON HIS LABOR LAW 240 (1) CAUSE OF ACTION (FOURTH DEPT).
DEFENDANT OFFERED A NONNEGLIGENT EXPLANATION OF THE REAR-END COLLISION, PLAINTIFFS’ MOTION FOR SUMMARY JUDGMENT SHOULD NOT HAVE BEEN GRANTED (FOURTH DEPT).
In Absence of a “Special Relationship” Insurer Not Liable for Agent’s Negligent Misrepresentation
THE TOWN CONTRACTED FOR THE CONSTRUCTION PROJECT ON WHICH PLAINTIFF WAS INJURED; DEFENDANT CONTRACTED WITH THE TOWN TO HANDLE BIDS FOR THE PROJECT; DEFENDANT WAS NOT AN AGENT FOR THE TOWN AND THE LABOR LAW 240(1), 241(6), 200 AND NEGLIGENCE ACTIONS AGAINST DEFENDANT SHOULD HAVE BEEN DISMISSED (FOURTH DEPT). ​
ARBITRATOR’S AWARD WAS NOT IRRATIONAL, SUPREME COURT SHOULD NOT HAVE VACATED THE AWARD IN THIS REAR-END COLLISION CASE (FOURTH DEPT).
EVIDENCE OF EXCESSIVE CORPORAL PUNISHMENT WARRANTED A NEGLECT FINDING, FAMILY COURT REVERSED (FOURTH DEPT).

Categories

Sign Up for the Mailing List to Be Notified When the Site Is Updated.

  • This field is for validation purposes and should be left unchanged.

Copyright © 2026 New York Appellate Digest, Inc.
Site by CurlyHost | Privacy Policy

MOTHER’S REQUEST FOR A CONTINUANCE IN THIS TERMINATION OF PARENTAL RIGHTS... SUMMARY JUDGMENT TO PLAINTIFF ON THE LABOR LAW 240 (1) CAUSE OF ACTION, BASED...