IN THE MATTER OF KENNETH N. GRABY, RESPONDENT, v. JANET R. GRABY, APPELLANT.
87 N.Y.2d 605, 664 N.E.2d 488, 641 N.Y.S.2d 577 (1996).
February 8, 1996
(Case Commentary by Editorial Board)
4 No. 7(1996 NY Int 13)
Decided February 8, 1996
______________________________________________________________________
This opinion is uncorrected and subject to revision before publication
in the New York Reports.
Elizabeth A. Hendy, for Appellant.
John R. McGlenn, for Respondent.
TITONE, J.:
Petitioner, a non-custodial parent, seeks to reduce his court-ordered
child support obligation calculated pursuant to Family Court Act
413. The question presented is whether Social Security disability
benefits paid to the parties' children on the basis of the
non-custodial parent's disability should be included as income of that
parent and credited against his support obligation. We answer that
question in the negative and conclude that, under the precise
guidelines of Family Court Act § 413, those benefit payments are more
properly characterized as resources of the child to be considered in
determining whether the support obligation is "unjust or
inappropriate" (see, Family Ct Act § 413(1)(f)(i)).
Petitioner Kenneth Graby and respondent Janet Graby were divorced in
May 1990. Pursuant to their divorce decree, which incorporated but did
not merge the provisions of an amended separation agreement, custody
of the couple's two children was granted to respondent, and petitioner
was directed to pay child support of $400 per week.
On January 24, 1992, respondent filed a petition to enforce the child
support payments. Petitioner cross-petitioned for a downward
modification based on his loss of employment in August 1991. On
September 18, 1992, Family Court granted the cross-petition, and
reduced petitioner's child support obligation to $122.50 per week,
plus $27.50 per week for arrears.
Just prior to that decision, however, the Social Security
Administration notified petitioner that he was eligible for Social
Security disability payments of $1037 per month, retroactive to
SNIPPETS:
John R. McGlenn, for Respondent.
Petitioner, a non-custodial parent, seeks to reduce his court-ordered child support
The question presented is whether Social Security disability benefits paid to the parties'
Pursuant to their divorce decree, which incorporated but did not merge the provisions of an
On January 24, 1992, respondent filed a petition to enforce the child support payments.
Citing Passaro v Passaro, the hearing examiner then applied a credit of $518, the amount of
The court concluded that, under the Child Support Standards Act, disability payments to
Family Court remitted to the hearing examiner for a determination of whether, after
The parties agree that the child support guidelines contained in Family Court Act § 413 do
The alternative proposed by respondent is to treat those payments as resources of the child
The 1989 amendment to section 413, enacted as part of the Child Support Standards Act, was
The statute sets forth a standardized formula for computing a basic child support obligation
A primary goal of the legislation is to establish equitable support awards that provide a
it is not until this discretionary assessment of the appropriateness of the support
Accordingly, the judgment of Family Court and the order of the Appellate Division brought up
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