Legal Question in Family Law in New York
post divorce
there is a conflict in my divorce concerning support. The support decided in mediation which is part of the divorce is different from the judges order in divorce, but judges order is not initialed by judge. My divorce was granted in Supreme court. Can i adress this in family court on my own without a lawyer or must it be addressed in supreme court . i believe this is nothing more than a typing error by clerk.
1 Answer from Attorneys
Re: post divorce
I really do not understand your question. I believe you are telling me that child support calculated in the settlement agreement is different than in the Judgment of Divorce.
If the terms of the settlement agreement survive and are referenced in the Judgment of Divorce, there is a conflict within the Judgment. Therefore, the issue must be resolved in Supreme Court before the Justice that granted Judgment.
If the Judgment survives the settlement agreement and incorporates the terms and conditions of the settlement agreement without reference to the settlement agreement, the Judgment controls and you may bring the issue to the Family Court.
Mike.
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