In 2008, the court told Becky Bowman that to win her child support case, she would have to go to California.
Bowman had asked for an increase in child support from her ex-husband after their daughter, Kaitlin, was diagnosed with a terminal and degenerative neurological condition.
The court said the law was specific: Bowman would have to file her petition in California, where her former husband was living.
With her child ailing, Bowman could not fight her case in California. Nor could she afford to appeal the decision to a higher court in the state, which could cost upwards of $10,000.
But she wasn't giving up.
Three years later, her persistence paid off - and her case has changed state law.
***
When Becky Bowman separated from her husband in 2007, she relocated from the state of Washington to Saratoga County with her daughter, Kaitlin. The girl's father relocated to California and was ordered to pay $479 per month in child support.
The amount, which is based on gross pay, should have been higher, Bowman said.
"We needed to increase the child support her father was giving," said Bowman, who petitioned the court after Kaitlin was diagnosed with a form of Batten Disease.
"She has a degenerative, fatal, neurological disease. It only affects children and at 2 to 4 is when it starts," Bowman said of the illness. "Some kids have a life expectancy of 8 to 12 years old. It's kind of like childhood ALS, I believe. It strips everything in the body."
After that diagnosis, she appealed to Saratoga Family Court, before her petition was dismissed.
Bowman said she wasn't seeking an excessive amount of child support, but rather a standard payment amount based on gross wage.
"I tried to do it on my own in 2008, and failed miserably," said Bowman, her 5-year-old daughter seated on her lap and cackling during a glee-filled moment provided by her favorite Dora book.
The court told her she had to bring the petition to California where Kaitlin's father lived, since both parents relocated from the state of Washington, which issued the original order.
In the meantime, Kaitlin was struggling.
***
Kaitlin, who will celebrate her sixth birthday in early August, has her good days and her bad days, said her mom, who has documented the girl's condition in a blog titled "Kaitlin's Journey."
"Jan. 4: Today was a good day. We went down to Albany Med for a check up with K's doctor ... We did some more blood work. K does really well with this, she is my little princess, she whines a little when they take her blood, but right after, before we get out of the chair, she says: ‘Thank you!'
"Jan. 17: Kaitlin had a bad day yesterday with seizures. Two big ones, one with myself and her Auntie and the other in the ambulance when we were on the way to the ER. Poor girl. After a long day we came home and had a quiet night. Visiting the doctor tomorrow to check her out and see if any changes need to be made."
Kaitlin sees a neurologist every three weeks, in addition to a variety of other doctors and specialists.
Her immune system is weakened by the disease, leaving her more open to illness.
After having difficulty swallowing, and seeing her weight drop to nearly 30 pounds, a gastrostomy feeding tube was inserted into her stomach, which helps Kaitlin to ingest the liquids, solids and medications she needs.
"It's financially burdensome to have a disabled child and not have the resources," said Bowman, adding that insurance only pays some of the medical expenses.
Last year, she found couldn't keep up with both her job and with caring for Kaitlin. The job had to go.
***
Bowman approached Saratoga Springs-based attorney Julie Frances to plead her case. When Frances informed Bowman that family court law was not her specific area of practice, Bowman was not dissuaded.
"She just kept coming back," Frances said. "She wouldn't quit."
While conducting research for the case, Frances came up against roadblocks in New York law.
As Saratoga Family Court had told Bowman, because both parents left Washington, Bowman's attempt to increase child support payments would have to be taken to the state where the girl's father lived, despite the fact that the child lived in Corinth.
"It's absolutely absurd for the court to expect Becky to travel across the country to litigate this," Frances said.
In her research, Frances discovered a case in Massachusetts as well as a federal law that she hoped could be presented that would trump the law in New York.
"The federal statute strives to make it easier for the custodial parent because they are already facing a higher burden financially and otherwise by being the caretaker for the child," Frances said.
There was also the issue of cost. Bowman did not have the financial resources to pursue the action.
"It takes about $10,000 minimally for an appeal of this degree and that's the reason why I believe a lot of people in Becky's situation - when they are turned down at the lower court level - they don't have the money to go forward, because it is so expensive to appeal," Frances said.
Coincidentally, a new pro bono civil appeals program was initiated through the New York state Bar Association to provide legal representation in state appellate courts for litigants of modest income.
The pilot program was instituted in 28 counties in the state, Saratoga among them.
Bowman's case was reviewed by committee and chosen for counsel.
***
Attorney Cynthia Feathers, an appellate attorney and an adjunct professor at Albany Law School, argued the case before a mid-level appeals court in Albany.
The court reversed the ruling of the Family Court to allow the child support modification petition to be brought in New York.
As a result, Bowman receives approximately three times the amount monthly previously received, which Frances said is the standard amount of 17 percent of gross wages, minus FICA.
And on Friday, a court order was entered that concluded Bowman was also due retroactive child support payments at the higher amount, dating back to August 2009.
"It helps out with expenses," Bowman said.
Bowman's victory goes far beyond her and Kaitlin.
The decision by the appeals court in Albany has changed state law regarding child support.
No longer will single parents in New York be forced to go to different states to file child support cases, Frances said.
"Now, anybody in Becky Bowman's situation, as a single parent, regardless of the health of the child, will be able to seek and perhaps obtain an increase in child support in the state where the child and the single parent live," she said.
Post a comment as
Report
Watch this discussion.
(9) comments
The child had and has full coverage insurance, for all her medical expenses. Everything she needs for her condition is provided by the fathers medical coverage for his daughter. This situation is absolutely disgusting, what some people say and do to miss lead everyone around them. God will be there in the end to hold her (the mother) accountable. My prayers are with the child.
I think the basic child support obligation is only used for non-custodial parents that fall within the poverty level. The tables to determine the actual obligation consider both parents.
https://www.childsupport.ny.gov/dcse/pdfs/cssa_2011.pdf
It IS the kids who suffer in all aspects of a divorce/separation. Yet there's still no parity regarding the mother and father during the process.
http://www.fathersandfamilies.org/
@klrbones...I believe you are mistaken. Look it up - there's a calculator for NYS Child Support. The 17% is based ONLY ON the NON CUSTODIAL parent's income. Trust me, I know. And it's just peachy when that parent LIES about their income because they make most of it "under the table"...it's the kids who ultimately suffer...
Not to take anything away from the needs of the child and mother, but NYS's blanket 17% take from the total gross earnings of both parents is archaic and unfair at best. They add both parent's total gross pay and pop 17% of it for support for one child directly from the non-custodial parent. There are no line items that take into account the non-custodial parent's current family/children, nor debt, medical expenses, assisted living care, etc. There's also no provision for visitation schedule, regardless of time spent with one or the other. Even 50/50 visitation, you'll still pay 17%. On top of that, the custodial parent never has to claim that additional income of, in her case, $1500, but can claim the medical expenses. The non-custodial parent can't. Hopefully the father in this case steps up to the plate and does everything he can for his child, however. BTW, not every person that pays child support or argues against its flaws is against support in general. We just need a fair system
[quote]printmonger said: "Not to detract from the legal merits of this case, but if this woman VOLUNTARILY left her job and collects $479/month in child support, how does she qualify for local, county, state or federal assistance of any kind?"[/quote]
Considering this child is suffering from a neurological disorder and her mother isn't working and is likely not insured I'd say that at least the daughter qualifies for any number of local, state, and federal monies to help care for her child.
to printmonger- i know this family personally and she didnt quit her job, she was FIRED because of increasing absences due to her daughter's medical appts. with that said, she doesnt receive local, county, state OR federal assistance. when raising a child with a fatal illness that will likely take that child's life before the age of 10, a battle such as this one is absolutely justified. the only assistance received was the ACCEPTANCE into a pilot program for the appellate division for low income families who have a case but cannot afford the $10k minimum to appeal on their own.
printmonger - I don't think the article said she was collecting public assistance. You might be referring to the pro bono civil appeals program through the New York state Bar Association. The program she used (for litigants of modest income) was probably paid for by the Bar Association. The Bar Association is not part of the local, state, or Federal Government. Information and history of the Bar Association is at: www.nysba.org/AM/Template.cfm?Section=About_NYSBA&template=/CM/ContentDisplay.cfm&ContentID=38204
Child support paid by an ex-spouse is not public assistance. I just hope her ex-husband does not fight having to pay more child support for his daughter.
Not to detract from the legal merits of this case, but if this woman VOLUNTARILY left her job and collects $479/month in child support, how does she qualify for local, county, state or federal assistance of any kind?
I don't know this family, but I would like to say thank you to everyone who helped. This is definitely a battle that needed to be won! I would, also, like to say that I will be praying for this family.
Welcome to the discussion.
Log In
Comments will not be posted if any of the following rules are violated:
- Comments must be contained to the topic of the articles only.
- Comments must be civil in tone and cannot contain personal insults directed toward another reader.
- Profanities cannot be used, including abbreviations or acronyms.
- Comments critical of crime or accident victims, or imply guilt are not allowed.
- Comments that are potentially libelous, including those that contain accusations not supported by facts are not allowed.
- Comments that appear to be taunting others who comment are not allowed.
- Comments should be brief and never more than 1,000 characters.