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A RARE SITUATION WHERE SUSPENSION OF THE NONCUSTODIAL PARENT’S CHILD SUPPORT OBLIGATION WAS WARRANTED (FIRST DEPT).

The First Department, in a full-fledged opinion by Justice Gesmer, over an extensive dissent, affirmed Supreme Court’s denial of mother’s motion for pendente lite child support in the amount of $25,000/month and $10,000/month travel allowance. It was determined mother deliberately and actively alienated the child from the father:

Based on clear and convincing evidence presented at the 35-day custody trial, the court determined that the mother had deliberately and actively alienated the child from the father in “one of the most clear-cut and disturbing examples of parental alienation that this court has observed through thousands of custody cases over many years.” Accordingly, the court reasonably determined that this is one of the unfortunate and rare situations where suspension of the noncustodial parent’s child support obligation was warranted. Specifically, the court decided the pendente lite motion by directing the father to pay 90% of the child’s unreimbursed medical and mental health expenses and otherwise suspended the father’s child support obligation until the child’s visitation with the father was “meaningfully resumed” or “there is otherwise good cause to resume the support” … . * * *

As the motion court found, the child’s reasonable and appropriate needs are being met … . It is undisputed that the mother and child continue to reside in a 1,500 square foot luxury apartment with views of Central Park and that the father continues to pay all of the child’s expenses for private school, extracurricular activities and tutoring, in addition to 90% of her unreimbursed medical and mental health expenses. Rosenfeld v Rosenfeld, 2026 NY Slip Op 04048, First Dept 6-25-26

 

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