Usack v. Usack
17 A.D.3d 736, 793 N.Y.S.2d 223, 2005 N.Y. App. Div. LEXIS 3604 (2005)
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Rule of Law:
Where a custodial parent has unjustifiably and deliberately frustrated the non-custodial parent’s right of reasonable access and relationship with the children, the court may suspend the non-custodial parent's child support obligation.
Facts:
- The parties were married for 20 years and had three children.
- In December 2001, Plaintiff (father) discovered that Defendant (mother) was having an extramarital affair and immediately informed their children.
- Following the disclosure, the children completely ostracized Defendant, rejecting all of her repeated efforts to communicate, attend their activities, or have any meaningful contact.
- Plaintiff encouraged the children's enmity, disparaged Defendant, told the children she had chosen to leave the family, and used his own family members to shield the children from interacting with her.
- For nine months, while Defendant still lived in the marital home, Plaintiff actively prevented her from participating in family life.
- Prior to the discovery of the affair, Defendant was a dedicated, involved, and loving mother.
- Plaintiff did not demonstrate that Defendant had ever been a bad parent or had exposed the children to anything related to the affair.
Procedural Posture:
- Plaintiff (husband) filed for divorce against Defendant (wife) in the Supreme Court of Tompkins County, a trial-level court.
- Defendant filed a cross-claim for divorce.
- Following a nonjury trial, the Supreme Court granted the divorce, awarded custody of the two minor daughters to Plaintiff, and ordered Defendant to pay child support for all three children.
- The trial court specifically denied Defendant's request to be relieved of her child support obligations.
- Defendant (appellant) appealed the judgment ordering her to pay child support to the Appellate Division of the Supreme Court.
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Issue:
Does a custodial parent's deliberate and unjustifiable frustration of the non-custodial parent's relationship with their children warrant the suspension of the non-custodial parent's child support obligation?
Opinions:
Majority - Spain, J.
Yes. A non-custodial parent's child support obligation may be suspended when the custodial parent has deliberately and unjustifiably frustrated the non-custodial parent's right of reasonable access to the children. The court found that the plaintiff, by his actions and inaction, orchestrated and encouraged the complete estrangement of the defendant from their children. He exploited the children's unhappiness over the affair and manipulated their loyalty to punish the defendant. A custodial parent has a responsibility 'to assure meaningful contact between the children and the other parent,' and the plaintiff utterly failed in this duty. Because the defendant amply met her burden of demonstrating that the plaintiff deliberately frustrated her relationship with the children, and there is no proof that suspending her support payments would result in the children becoming public charges, her child support obligation is suspended pending a showing of good faith efforts by the plaintiff to restore the relationship.
Analysis:
This case reinforces the legal principle that a custodial parent's right to receive child support is not absolute and is connected to their duty to foster the child's relationship with the non-custodial parent. It establishes that parental alienation can serve as a defense against the enforcement of a child support obligation. The decision provides a significant, though controversial, remedy for an alienated parent, using the suspension of financial support as a tool to compel the custodial parent to cease obstructive behavior and actively encourage contact. This precedent arms courts with a powerful mechanism to address severe cases of parental alienation, impacting future custody and support disputes where one parent's conduct undermines the other's parental rights.
