Rodriguez v. Starks

• Decision Date: 26 May 2021
• Docket Number: F–661–17/17J, F–661–17/18L, F–661–17/17F, F–661–17/17H, F–661–17/18M, F–661–17/17D, F–661–17/17E, Docket Nos. F–661–17/17C, F–661–17/18K,2019–02890, F–661–17/17I, F–661–17/17G
• Citation: 194 A.D.3d 1063,149 N.Y.S.3d 474
• Parties: In the Matter of Tuere Tene RODRIGUEZ, appellant, v. Randolph STARKS, Jr., respondent. (Proceeding Nos. 1, 3–11) In the Matter of Randolph Starks, Jr., respondent, v. Tuere Tene Rodriguez, appellant. (Proceeding No. 2)
• Court: New York Supreme Court — Appellate Division

194 A.D.3d 1063
149 N.Y.S.3d 474

In the Matter of Tuere Tene RODRIGUEZ, appellant,
v.
Randolph STARKS, Jr., respondent.

(Proceeding Nos. 1, 3–11)

In the Matter of Randolph Starks, Jr., respondent,
v.
Tuere Tene Rodriguez, appellant.

(Proceeding No. 2)

2019–02890
Docket Nos. F–661–17/17C
F–661–17/17D
F–661–17/17E
F–661–17/17F
F–661–17/17G
F–661–17/17H
F–661–17/17I
F–661–17/17J
F–661–17/18K
F–661–17/18L
F–661–17/18M

Supreme Court, Appellate Division, Second Department, New York.

Submitted—May 3, 2021
May 26, 2021

149 N.Y.S.3d 476

John M. Rodriguez, New York, NY, for appellant.

Blodnick Fazio & Clark, Garden City, N.Y. (Jessica A. Sola of counsel), for respondent.

HECTOR D. LASALLE, P.J., SYLVIA O. HINDS–RADIX, FRANCESCA E. CONNOLLY, LINDA CHRISTOPHER, JJ.

DECISION & ORDER

In related proceedings pursuant to Family Court Act article 4, the mother appeals from an order of the Family Court, Suffolk County (David Morris, J.), dated February 26, 2019. The order denied the mother's objections, inter alia, to (1) so much of an order of the same court (John E. Raimondi, S.M.) dated November 19, 2018, as, after a hearing, determined that the father did not willfully violate his child support obligation, (2) an order of the same court (John E. Raimondi, S.M.) also dated November 19, 2018, which, after a hearing, granted the father's petition for a downward modification of his child support obligation and reduced his child support obligation from the sum of $8,036 per month to the sum of $4,057 per month, (3) an order of the same court (John E. Raimondi, S.M.) also dated November 19, 2018, which, after a hearing, dismissed the mother's petition for an upward modification of the father's child support obligation with prejudice, and (4) an order of the same court (John E. Raimondi, S.M.) also dated November 19, 2018, which, after a hearing, dismissed the mother's petition, inter alia, for relief pursuant to Family Court Act § 424–a.

ORDERED that the order dated February 26, 2019, is modified, on the law, by deleting the provision thereof denying the mother's objection to so much of the third order dated November 19, 2018, as provided that the dismissal of her petition for an upward modification of the father's child support obligation was with prejudice, and substituting therefor a provision granting that objection, vacating that portion of the third order dated November 19, 2018, and providing that the dismissal of the mother's petition for an upward modification of the father's child support obligation is without prejudice; as so modified, the order dated February 26, 2019, is affirmed, without costs or disbursements.

149 N.Y.S.3d 477

The mother and the father have one child together. In an amended order of support on consent dated April 28, 2008 (hereinafter the 2008 consent order), the father was directed to pay child support to the mother in the sum of $7,000 per month. At the time the 2008 consent order was entered, the father was playing professional football in the National Football League (hereinafter the NFL). The 2008 consent order provided that the father's annual income was "$850,000 gross yearly. [The father] has signed a five year contract for $21,000,000.00.... [The][p]arties understand that in the event the [father] is unable to play ball and generate this income, such circumstances shall be deemed a change of circumstance entitling the [father] to a recalculation of his child support obligation pursuant to the Child Support Standards Act."

On October 12, 2016, the mother filed a violation petition, alleging that, as of that date, the father owed $3,010 in child support. On December 5, 2016, the father filed a petition for a downward modification of his child support obligation pursuant...