Family Law Prof Blog

Editor: Margaret Ryznar
Indiana University
Robert H. McKinney School of Law

Tuesday, October 25, 2005

Case Law Development: Child Support Orders Against Incarcerated Parents Appropriate

The Family Court of New York determined that a parent who is incarcerated at the time child support proceedings are commenced and who is likely to remain in prison until the child has reached the age of majority may nonetheless be assessed child support. The court found that setting child support at zero would reward the parent for his wrongdoing and deprive the child of possible support should the parent come into some money or become eligible for employment. Also, the court noted that, although New York statutes provide that the accrual of child support for parents with incomes below the poverty line should be capped at $500, that cap need not apply when the parent’s poverty is due to their incarceration for crime. Finally, the court rejected parent’s argument that the child support order should be set aside “because of the unrealized expectations and emotional distress it will cause the Mother and child.”(!)

Janet E. v. Antonio B., 2005 NY Slip Op 25434; 2005 N.Y. Misc. LEXIS 2265 (October 18, 2005) bgf

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