No one disputes the fact that both parents are responsible for meeting the financial needs of their minor children whether they live in the same home or not. When parents are not together, strict rules are in place to see that those who don’t reside with their son or daughter pay appropriate child support. Failure to do so can result in a wide range of sanctions, even incarceration. But what happens when a parent says they are physically unable to earn the income they need to meet their legal obligation?
A recent New York case, Matter of Arcuri v Rubin, stemmed from a decision in Oneida Family Court that sentenced Michael J. Rubin to 20 days in jail for willfully violating a child support order. Rubin appealed, claiming that heart problems and other medical conditions prevented him from working. To support his contention, Rubin provided medical records that showed he received numerous treatments over the period in question, which included several hospital stays. Further evidence of his dire financial condition was demonstrated by documents showing that he received welfare payments and qualified for Social Security Disability payments.
In light of Rubin’s inability to work, the Appellate Division, Fourth Department, unanimously reversed the jail sentence. The court’s decision acknowledged that someone who is ordered to pay child support has the legal burden of substantiating that their ability to work was affected by their medical condition. Here, the panel held that Rubin satisfied this standard. This reversal reflects the judiciary’s recognition of the nuances within child support enforcement and the need for fairness in adjudicating claims of non-payment. While the court remains steadfast in upholding support obligations for the welfare of the child, it also acknowledges the realities that may impair an individual’s capacity to comply.
Whether you have not been paid the child support you’re owed or seek a modification to reflect a medical problem or some other circumstance, Bryan L. Salamone & Associates, P.C. can help. Our New York family law attorneys are committed to helping mothers and fathers achieve fair resolutions in all types of child support matters. To discuss your particular situation, please call 631-388-6009 or contact us online.