()

Judge Javier E. Vargas

Read Full-Text Decision

Father filed objections to a modified order of support entered by a support magistrate. Mother, a Florida resident, commenced a proceeding against father, a New York resident, under the Uniform Interstate Family Support Act (UIFSA), seeking to modify and increase a previously adjusted order arguing her earnings decreased while the child’s needs increased. Father applied to be credited for child support to an after-born child. Yet, the magistrate declined to credit father for paying non-court order support to the non-subject child. The court noted special rules of evidence and procedure applied to cases filed uner UIFSA given the concurrent jurisdictions, stating a magistrate had broad discretion to excuse mother’s presence, as same was not statutorily required. Also, it found father’s objections to the magistrate’s findings and upward modification of his child support failed as she properly used her discretion to modify the support after admitting documentary evidence father’s income increased, while mother’s earning capacity decreased. As there was no statutory provision allowing a non-custodial parent to obtain an offset for a subsequent child support obligation, magistrate properly found father may not receive a deduction for the non-subject child, denying his objections.