Legal Question in Family Law in New York

The answer depends upon whether you have a current child support order. If so, your former spouse is obligated to continue making child support payments unless and until a modification petition is filed in Family Court, a modification of the separation/property agreement to the divorce is made, or you two otherwise agree. The danger in agreeing without legal intervention (written stipulation or new court order or mediation agreement) is in case of disputes later on, it can often turn into a he-said/she-said debacle. These are typically the avenues of modification that are taken. Of course, every situation is unique and there may be factors in your situation that call for other options. If child support was done on a voluntary basis (which would be very unusual for divorced parties), you two are always free to change the terms whenever you wish. Of course, a child support order from Family Court provides the protection of sanctions against your former spouse if he willfully fails to comply with the order (willfullness is a legal term of art that must be proven in order to qualify for sanctions above and beyond a judgment for arrears).

Should you require more assistance, I will be happy to discuss this matter with you further.

I would need additional information regarding this matter before I could comment on it properly.

For Example:

Is there a support order in effect?

If yes, then your ex-spouse will have to pay as ordered.

If he wants to have the amount modified, then he will have to petition the court.

Patricia Martin-Gibbons

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