Legal Question in Family Law in New York
child support order
I submitted a child support request(via courts)against the father of my child (court date is next month). He wants us to agree to an amount without going to court. How can I withdraw the request? Do I need to wait until my court date? If I withdraw the papers and he doesn't hold up his end, can I re-submit my request to the court?
2 Answers from Attorneys
Re: child support order
your agreement should be in writing and should conform to the guidelines you should waituntil the court date to withdraw without prejudice.. you can call me for a free telephone consultation
Re: child support order
You certainly may agree to an amount with the father. The problem is that your agreement may not be enforceable in court. In far too many instances the payor agrees to a lower amount than the law requires and then does not pay. You will be back in court if that happens.
I don't know how trustworthy the father is, but you may want to consider going to court anyway. Perhaps you could submit your written agreement to the court so that the court can issue an order that the father pay the amount you agreed to. Best of luck.
If you need the assistance of an attorney, please feel free to contact me (718-491-3345).
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