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The Non-Effect of the Recession on Downward Modification Applications
The first part of the article described the difference between court-ordered and agreement-based support and denial of modification without a hearing. The conclusion herein discusses recent decisions in New York, New Jersey, Connecticut and New Hampshire.
Recent Appellate Decisions
Albeit rarely, courts have in the past permitted downward modifications of child support orders where the parent becomes unemployed subsequent to the initial order of support. Dupree v Dupree, 62 NY2d 1009 (1984); Marchese v Marchese, 11 AD3d 546 (2nd Dept 2004); Hall v Hall, 22 AD3d 979 (3rd Dept 2005); Cole v Irizarry, 307 AD2d 890 (1st Dept 2003); Beal v Beal, 270 AD2d 256 (2nd Dept 2000); Meyer v Meyer, 205 AD2d 784 (2nd Dept 1994). The Second Department, in Fragola v. Alfaro, 45 A.D.3d 684 (2nd Dept. 2007), denied the modification, but reiterated that “a parent's loss of employment may constitute such a change in circumstances, justifying a downward modification, where the termination occurred through no fault of the parent and the parent has diligently sought re-employment.” However, some more recent decisions, denying such relief, are instructive. See also, Muselevichus v. Muselevichus, 40 A.D.3d 997 (2nd Dept. 2007), Beard v. Beard, supra at endnote 6.
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