Legal Question in Family Law in New York

maintenance and child support

i have been divorced for 2 years.we have already been back to court to increase child support once.my ex husband (custodial parent) is suggesting that he will waive child support payments if i waive my maintenance payments.child support is $60 per/week (child is now 11 yrs. old) and maintenance is $750 per month for the next 4 years. can this transpire without going back into court if both parties agree? would this be legally binding? what if custodial parent changes in future?


Asked on 4/25/07, 4:58 pm

2 Answers from Attorneys
Joel Salinger Law Office of Joel R. Salinger

Re: maintenance and child support

The answer to your question is no. Without a court order on the child support you can not amend the order of the court. If you do try to do this without court action or approval, you are risking that if he changes his mind you will be liable for arrears and they can not be waived by the court based upon your agreement.

Joel R. Salinger

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Answered on 4/25/07, 5:16 pm
Nancy Fioritto Patete Nancy Fioritto Patete, Esq.

Re: maintenance and child support

These changes require court-approved modifications. Any financial arrangments you both decide upon informally will be regarded as gifts and non-payments. Why would you forego $750 ($36,000 by my calculations) monthly in exhange for not paying out $240 ($20,160 by my calculations) monthly anyway?

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Answered on 4/26/07, 7:25 am


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