Legal Question in Family Law in New York

Child support - Inaccurate reporting of income - Supreme v. Family Court

My husband is paying considerably less than he 17% in child support. When I brought this up to my attorney prior to the divorce he told me that I could pursue this issue in family court after the divorce (which took place in Supreme Court). I agreed to the divorce based on this advise. After the divorce I immediately called family court regarding this matter and was told by a clerk that I am bound by the child support agreement in the divorce (which is less than 17% of my ex husbands income).

Can I now pursue additional child support in family court?


Asked on 10/15/03, 12:14 am

3 Answers from Attorneys

Andrew Nitzberg Andrew Nitzberg & Associates

Re: Child support - Inaccurate reporting of income - Supreme v. Family Court

This must be a difficult problem for you. It is always hard when a judicial result is obtained against you by deceit and fraud.

While your attorney is correct that a result obtained by deceit and fraud can be changed, it is easier to challenge the income reports BEFORE the judgment is issued.

I do not know why your attorney made this choice. I would not have made that choice.

Of course, your email does not give a great deal of information on thre case. There may have been reasons. But, of course, that is now irrelevent. You do have a judgment, and it must be changed.

The way to change the judgment is to make an "Order to Show Cause" to re-open the case by 'vacating the judgment' on the basis of fraud (bad information) or a petition/motion to the court to re-open the issue of the amount of support because of 'changed circumstances' (you now know his income is different).

Neither option is complicated, they both depend on the ability to show his actual income.

Good luck. It is hard to be tied to a man for years (years until the support is no longer needed) who has proven himself untrustworthy.

You are welcome to a consultation for no fee at my offices at 42 West 44th Street, NY,NY. Please call for an appointment first. (646)591-5786 or (718) 729-2029

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Answered on 10/15/03, 11:51 am
Louis Venezia Law Offices of Louis Venezia at Union Square, P.C.

Re: Child support - Inaccurate reporting of income - Supreme v. Family Court

A proper answer to your question depends upon the language of the divorce agreement and the information provided to you prior to your signing the agreement. We can offer a 15 minute FREE CONSULTATION to review that language to see if there is an opportunity for the court to revisit the child support issue or to bring a lawsuit against the idiot lawyer for legal malpractice.

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Answered on 10/15/03, 12:47 pm
Seth Kaufman Seth M. Kaufman

Re: Child support - Inaccurate reporting of income - Supreme v. Family Court

It depends on what is provided for in the divorce judgment and exactly what you were told by your attorney prior to agreeming to it. Feel free to call me at 212-367-9167 to discuss this further. I do not charge a fee for the initial consultation.

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Answered on 10/20/03, 11:28 am


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