Legal Question in Family Law in New York

Can a Family Court Judge rule over support?

My fiance and his ex-wife made two agreements in writing after meeting with their lawyers after filing for extension in family court to work out an agreement. The first agreement was for support and was signed by the ex-wife. However, there was a paragraph where it was supposed to read that my fiance paid 50% of all necessary child day care through SCU, though they agreed on paying the provider directly, so his lawyer changed the verbage, they both initialed it and sent it back to his ex-wife's lawyer to intital. She has refused (changed her mind) and now they have to go back to family court on the original filing back in January. It is now August. Also, the court awarded my fiance a Wednesday night visitation into Thursday morning, to which his ex-wife agree to let me pick up the child, which I did twice. When the order was written by my fiance's lawyer, she refused to sign it, statign she would only allow me to pick up the child if and when we are married. So, they have to go before a family court judge on Monday morning. My question is, can the judge rule on both agreements since there is proof that she is changing her mind, after agreeing to everything first? And, can he request his lawyer's fee be paid from this?


Asked on 8/22/07, 2:20 pm

1 Answer from Attorneys
Anthony Colleluori The Law Offices of Anthony J. Colleluori & Associates PLLC

Re: Can a Family Court Judge rule over support?

The court could rule on both but he will refer the support issue to a support magistrate. Your fiance's lawyer can answer the question concerning legal fees. They are awardable but may not be an appropriate remedy here.

Good Luck.

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Answered on 8/22/07, 11:26 pm


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