Can a Support Magistrate over rule a family court order?

Asked over 2 years ago - New City, NY

In a recent court appearance before a family court judge in the matter of visitation, it was agreed by both parties that the father is responsible for a limited amount of all educational costs in a private school. This judge typially avoids getting involved in any support matters and refers the parties to the support magistrate instead. The support magistrate does the same. I now want to file a petition in Support magistrate to request that the father be responsible for all of the educational costs.
Can support magistrate over rule the family court judge's order?

Attorney answers (3)

  1. Jody N. Gerber

    Contributor Level 8

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    Answered . From your description, it appears that it was a stipulation betwen the parties and not the Family Court judge's order. Whether it can be modified depends on factors including whether the stipulation was reduced to an order; whether it was a temporary or final order; and when it was issued. You can cretainly raise the issue before the Support Magistrate and give your reasons as to why the father should be responsible for 100% of the educational expenses. Is there a large discrepancy in income between you and the father? What are the other economic factors involved?

  2. Mary Katherine Brown

    Pro

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    Answered . A Support Magistrate cannot "overrule" a judge's order, but they can issue a new order that modifies the terms of an existing order. It would be best to consult with a local attorney to review the specific facts and circumstances in detail before you file another petition with the court. You can find someone in your area by searching among the attorney profiles here on AVVO. Good luck!

    Ms. Brown may be reached at 718-878-6886 during regular business hours, or anytime by email at: marykatherinebrown@... more
  3. David Alexander Browde

    Pro

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    Answered . Typically a support magistrate rules and if you disagree you can appeal to the Family Court.

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