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The appellate court affirmed the lower court's decision. It said the father's argument about invalid agreement language came too late. He never raised it in Family Court, so the appeals court would not consider it. The court also noted Family Court has limited power. It cannot cancel or void terms of a settlement agreement entirely. It can only modify support amounts under the agreement's own terms. On the change in circumstances, the court found no shift in custody since the last order. It also said a parent's higher income or the rising cost of raising older kids is not automatically an unexpected or unreasonable change. So the father's request was properly dismissed.
Joseph Donohue and Christie Katerle divorced. Their settlement agreement covered child support. It was part of the divorce judgment but stayed a separate contract. In 2020, the Supreme Court already modified the child support terms once. Later, the father asked Family Court to modify child support again. He wanted to change certain opt-out provisions in the original agreement. A Support Magistrate held a hearing. The magistrate dismissed his request without prejudice, meaning he could try again later with better proof. The father objected to that decision. Family Court denied his objection. He then appealed to a higher court.
The main question was whether the father proved enough had changed since the last support order. New York law requires a parent to show a substantial change in circumstances before a court will modify child support. The father also argued the original agreement was invalid because it lacked certain required language. But he raised that argument for the first time on appeal.
This case shows courts expect strong proof before changing existing child support orders. Rising costs or a bit more income alone usually are not enough. It also reminds people that legal arguments must be raised at the first court hearing, not saved for appeal. Family Court's power over private settlement agreements has real limits.
Talk to a licensed family law lawyer in New York.