Legal Question in Family Law in New York

Family court support

I Asked this question allready but gave an old email address. Please answer again under my new email. A recent petition I filed in Support court was Dismissed when the support Magistrate determined there was no change between my filing (petition December 28th2006)date, and the date the divorce decree was signed on December 5th 2006. The reason I filed was a change that occurred in our living araignment which began three days after our divorce was put on the record in front of the Surrogate Court judge on septmeber 6th 2006. The custody and support issued was settled and signed by the judge in July 2006. In other words my oldest daughter is living with me 5 day one week and three the next. Our original agreement stated she was to be with me one a week and every other weekend. Unfortunally this began in september and continued while the decree was signed on december 5th. Therefore do I have grounds for an appeal based on the judges order in July or does this being part of the divorce decree become bound by the signing of that order on the December 5th date. I hope you understand my case.


Asked on 6/13/07, 1:48 pm

1 Answer from Attorneys
Tracey Bloodsaw Law Office of Tracey A. Bloodsaw

Re: Family court support

It is very difficult what you explained but if you are asking if you can have a modification in support based on a change in circumstances, the answer may be no. If a divorce judgment was only signed less than one year before you make the request for modification, then the Family Court may not hear it because it is less than one year. YOu may need to go back to the divorce court and request the modification.

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Answered on 6/13/07, 4:35 pm


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