Legal Question in Family Law in New York
Child Support
My ex-spouse created a parenting agreement that I signed and it was incorporated into the final divorce. It stated that he would give me $275 monthly for child support. If I wanted to have this amount modified to get the basic percentage (17%) could I go through the Child Support Collection Unit, filing the necessary papers, or did I waive my right to do so when I signed the parenting agreement?
1 Answer from Attorneys
Re: Child Support
You did not indefinitely "waive" child support pursuant the Statute percentages.
But, the Child Support Collection Unit cannot modify the child support order.
The Family Court can modify support provisions included and incorporated into a Divorce Judgment. You may file a "Change of Circumstance" Petition Modifying an Order of Another Court in the Family Court, after obtaining a Certified Copy of your Divorce Judgment. Where you will need to explain what has changed since entry of the judgment and your signing of the Stipulation Agreement.
Good luck.
PHROSKA L. McALISTER, ESQ
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