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THE PARTIES’ STIPULATION REQUIRED PLAINTIFF TO FURNISH PAY STUBS AS A PREREQUISITE FOR HER RECEIVING CHILD SUPPORT; SUPREME COURT SHOULD NOT HAVE HELD THAT INFORMAL TIMESHEETS WERE THE FUNCTIONAL EQUIVALENT OF PAY STUBS (FIRST DEPT).

The First Department, reversing Supreme Court, determined the requirement in the parties’ stipulation that, in order to receive child support, defendant must demonstrate her employment by furnishing pay stubs was not met by furnishing time sheets:

The parties’ stipulation of August 24, 2021, provides in pertinent part that plaintiff will pay defendant $2,000 per month “as a contribution towards [defendant’s] childcare expenses.” Plaintiff’s obligation to make the payment is conditioned upon defendant being “employed by a nonrelative” and upon her periodic furnishing to plaintiff of “paystub[s]” documenting such employment. The stipulation requires defendant to provide plaintiff with her first paystub from a given employer, the first and last paystub of each calendar year, and the paystub covering July 1 of each year. Defendant moved for an order directing plaintiff to make a childcare payment based on her provision of timesheets purporting to document childcare services that she performed for Matthew Kleban. Kleban is the father of two girls, one of whom is a friend of the parties’ daughter.

… [T]he parties, both represented by counsel, entered into a stipulation that expressly conditioned plaintiff’s obligation to make childcare payments upon defendant’s production of “paystub[s]” to document her employment by a nonrelative. The term “paystub” is defined as “a record that is given to an employee with each paycheck and that shows the amount of money earned and the amount that was removed for taxes, insurance costs, etc.” (https://merriam-webster.com/dictionary/paystub); accord Black’s Law Dictionary 1364 [11th ed 2019]). Under this definition, and based upon the circumstances herein, the informal timesheets produced by defendant plainly do not qualify as “paystubs.” In holding that plaintiff’s childcare payment obligation was nonetheless triggered under the stipulation because the timesheets were the “functional equivalent” of paystubs, the motion court impermissibly changed the meaning of the parties’ agreement by adding or excising terms under the guise of construction … . Franklin v Franklin, 2023 NY Slip Op 04925, First De[t 10-3-23

Practice Point: Here the judge’s finding that informal timesheets were the functional equivalent of pay stubs impermissibly changed the meaning of the parties’ stipulation. The stipulation required plaintiff to prove she was employed as a prerequisite for her receipt of child support.

 

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