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The New NYPD Contract
On April 5th, 2023, New York City Mayor Eric Adams announced that the city had reached a new contract agreement with the NYPD union that will provide a pay raise for police officers over the next five years. This news is significant for the NYPD union and its members, but it also has implications for child support and spousal support orders, both present and future, in New York.
Under the terms of the new contract, NYPD officers will receive a pay raise of 3% per year for the next five years. This pay increase is higher than the rate of inflation, which means that NYPD officers will be receiving a raise in real terms. This is good news for officers who have been working hard to keep the city safe, especially given the high cost of living in New York.
While this new contract is welcome for both current and new officers, it can raise some issues for those currently going through a divorce, or have a current support order in place.
It also presents opportunities for spouses of police officers to increase support awards for children, or for themselves.
In this article, we will discuss these two important issues and how the new collective bargaining agreement may have an impact.
Retroactive Pay and the New Contract
Under the new contract, police officers will receive retroactive pay.
- 2.25% from 2017
- 2.5% from 2018
- 3% from 2019
- 3.25% from 2020 and 2021
- 3.5% from 2022
Two Family Law Pitfalls: Child Support and Spousal Support
However, this pay raise could also impact child support and spousal support orders in New York. In New York, support orders are calculated based on a formula that takes into account a number of factors, including the income of the non-custodial parent. As a result, any increase in income for the non-custodial parent, such as a pay raise, could result in a higher award.
This means that if an NYPD officer who is responsible for paying support receives a pay raise as a result of this new contract, their order may also increase. This could have significant financial implications for the officer, who may need to budget more carefully in order to make their payments.
It’s important to note that child support orders are not set in stone, and they can be modified if there is a significant change in circumstances. If an NYPD officer’s order increases as a result of their pay raise, the custodial parent may be able to petition the court for a modification based on the new income level. So it’s important for officers to be aware of the potential impact of their pay raise on their support obligations.
If there is a final order of spousal support, or a final agreement on such support, then this pay raise will not increase that amount.
However, if the divorce has not been resolved, then this pay raise will be added to the income to calculate support.
Retroactive Pay
Another important consideration when it comes to the new contract and its impact on support orders is retroactive pay. This retroactive pay could be considered income for the current year and could be used to artificially inflate the income for child support purposes.
When determining support orders, the court takes into account the income of the spouse. This includes any income that the officer receives, whether it is from their regular salary, overtime pay, or bonuses. Retroactive pay is no exception, and it can be considered income for the purposes of calculating support.
If an officer receives retroactive pay their income for the current year may be significantly higher than it was in previous years. This could lead to a higher support order, as the court may assume that the officer’s income will remain at this level in the future.
However, it’s important to note that retroactive pay is not treated the same way as regular income for support purposes. In some cases, the court may be willing to consider the retroactive pay as a one-time windfall and may not use it to determine child support. This decision will depend on the specific circumstances of the case and the discretion of the judge. Furthermore, it must be explained to the court, but it would be a good idea to produce the collective bargaining agreement (CBA).
Conclusion
While the pay raise is an overall good thing for officers, those who are paying support will have to be wary.
Having an attorney who understands NYPD compensation is essential in this situation. An experienced attorney can help an NYPD officer or family member navigate the complex rules surrounding support and retroactive pay.
Port and Sava is a veteran owed law practice and we handle and provide discounted rates to officers and family members involved in divorce or family law matters.
Call Port and Sava for a free 15 minute telephone consultation at (516) 352-2999
