Family Court Act, Article 4, Support Proceedings Part 2, § 424-A: Compulsory Financial Disclosure

In New York the law requires that both parents support their child. When one parent files a petition for child support, the Family Court will make a determination as to how much child support is warranted. A number of factors are considered, including the number of children that are in need of support and the income of the parents. Under Family Court Act, Article 4, § 424-A, both parents must submit a financial disclosure. The financial disclosure must include a sworn statement of your net worth, including all of your assets and income, regardless of the source of such assets and income. In addition, the financial disclosure must include the following information:

1. A current and representative paycheck stub
2. The most recently filed state and federal income tax returns including a copy of the W-2(s) wage and tax statement(s) submitted with the returns
3. Information relating to any and all group health plans available to them for the provision of care or other medical benefits by insurance or otherwise for the benefit of the child or children for whom support is sought

Petitioner Patricia M. Rivard filed her objection to the Order of Support. She objected to the fact that medical costs, uninsured medical expenses and day care expenses were left entirely as her responsibility, and that she did not know she was entitled to payment for those in addition to the $100 per week child support which was negotiated. After reviewing the case the court remanded the matter to the Support Magistrate because the compulsory financial disclosure statute was not satisfied. Without the financial disclosure the parties had inadequate information on which to base their settlement. Rivard v. Rivard, 2006 NY Slip Op 50767 (NY, 2006)

1. Parents' duty to support child: New York Family Court Act, Article 4, Support Proceedings, Part 1, § 413
2. Petition; prior demand not required: New York Family Court Act, Article 4, Support Proceedings, Part 2, § 423
3. Agreement to support: New York Family Court Act, Article 4, Support Proceedings, Part 2, § 425

Except as provided herein:

1. in all support proceedings in family court, there shall be compulsory disclosure by both parties of their respective financial states, provided, however, that this requirement shall not apply to a social services official who is a party in any support proceeding under this act. No showing of special circumstances shall be required before such disclosure is ordered and such disclosure may not be waived by either party or by the court. A sworn statement of net worth shall be filed with the clerk of the court on a date to be fixed by the court, no later than ten days after the return date of the petition. As used in this part, the term "net worth" shall mean the amount by which total assets including income exceed total liabilities including fixed financial obligations. It shall include all income and assets of whatsoever kind and nature and wherever situated and shall include a list of all assets transferred in any manner during the preceding three years, or the length of the marriage, whichever is shorter, provided, however, that transfers in the routine course of business which resulted in an exchange of assets of substantially equivalent value need not be specifically disclosed where such assets are otherwise identified in the statement of net worth. All such sworn statements of net worth shall be accompanied by a current and representative paycheck stub and the most recently filed state and federal income tax returns including a copy of the W-2(s) wage and tax statement(s) submitted with the returns. In addition, both parties shall provide information relating to any and all group health plans available to them for the provision of care or other medical benefits by insurance or otherwise for the benefit of the child or children for whom support is sought, including all such information as may be required to be included in a qualified medical child support order as defined in § six hundred nine of the employee retirement income security act of 1974 (29 USC 1169) including, but not limited to: (i) the name and last known mailing address of each party and of each dependent to be covered by the order; (ii) the identification and a description of each group health plan available for the benefit or coverage of the disclosing party and the child or children for whom support is sought; (iii) a detailed description of the type of coverage available from each group health plan for the potential benefit of each such dependent; (iv) the identification of the plan administrator for each such group health plan and the address of such administrator; (v) the identification numbers for each such group health plan; and (vi) such other information as may be required by the court;
2. when a respondent fails, without good cause, to file a sworn statement of net worth, a current and representative paycheck stub and the most recently filed state and federal income tax returns, including a copy of the W-2(s) wage and tax statement submitted with the returns, or to provide information relating to all group health plans available for the provision of care or other medical benefits by insurance or otherwise for the benefit of the disclosing party and the child or children for whom support is sought, as provided in subdivision (a) of this §, the court on its own motion or on application shall grant the relief demanded in the petition or shall order that, for purposes of the support proceeding, the respondent shall be precluded from offering evidence as to respondent's financial ability to pay support;
3. when a petitioner other than a social services official fails, without good cause to file a sworn statement of net worth, a current and representative paycheck stub and the most recently filed state and federal income tax returns, as provided in subdivision (a) of this §, the court may on its own motion or upon application of any party adjourn such proceeding until such time as the petitioner files with the court such statements and tax returns. The provisions of this subdivision shall not apply to proceedings establishing temporary support or proceedings for the enforcement of a support order or support provision of a separation agreement or stipulation.

The amount of child support ordered is based on several factors, including the income and assets of each of the parents and the number of children involved. In order to ensure that the amount of child support ordered is fair and consistent with New York child support law, it is necessary that you are represented by an experienced attorney. The staff at Stephen Bilkis & Associates, PLLC has years of experience successfully representing clients in New York Family Court in matters related to establishing child support, child support enforcement, child support reduction, and other types of issues related to support. Contact us at 800.696.9529 to schedule a free, no obligation consultation regarding your case. We serve those involved in child support matters in the following locations: