If I agreed to wave my right to 31% child support, and agreed to settle with a downward deviation of approximately 20%, can I amend the supreme court order now, and reclaim the 31% in family court?
Divorce / Separation Lawyer
You are not "amending" the supreme court order. Instead you would be filing for an upward modification in Family Court. Whether you would be successful or not would depend upon when your judgment of divorce was entered since the standard to modify the prior court order where there was a stipulation of settlement (incorporated and not merged in the judgment of divorce) was much more difficult prior to October 13, 2010. If the judgment of divorce was entered prior to the above date, you would have to prove either an unanticipated change of circumstances or that the children's needs were not being met.
If your Judgment of Divorce is more recent, the lower standard of substantial change of circumstances would apply. Other factors would depend upon whether there was any waiver language and the financial changes that occurred since the Judgment.
You should consult with an attorney before filing any paperwork
Advice on this forum is for informational purposes only and should never be mistaken as a substitution for legal advice. Answering a question does not create an attorney client relationship. If you need legal advice, you should consult or retain legal counsel.
Family Law Attorney
Whether you can change the agreement depends, in part, upon exactly what you agreed, whether there are provisions in the agreement for future modification, and whether there is a basis to modify due to increased needs of the child. Family Court generally has jurisdiction to modify child support even if the original order was issued in Supreme Court; however, you may also be able to modify it in Supreme Court , again, depending upon your specific circumstances. I suggest you consult with a local attorney as soon as possible to sort out your options. Good luck!
Ms. Brown may be reached at 718-878-6886 during regular business hours, or anytime by email at: firstname.lastname@example.org. All of Ms. Brownâ€™s responses to questions posted on AVVO are intended as general information based upon the facts stated in the question, and are provided for educational purposes of the public, not any specific individual, and her response to the question above is not legal advice and it does not create an attorney-client relationship. Ms. Brown is licensed to practice law in New York. If you would like to obtain specific legal advice about this issue, you must contact an attorney who is licensed to practice law in your state.
Ms. Stark has provided an excellent answer and advice.
For those of you who are wondering what the significance is of the magic 10/13/10 date, that's when New York State finally adopted a true "no fault" divorce law, which allows divorce without proving fault of one spouses' wrongdoing such as adultery or abandonment. Prior to that October 2010, the only relatively "non fault" ground was living separate and apart for more than one year pursuant to a written separation agreement filed with the court (or a memorandum summary).
Unfortunately, for those who got divorces under this older separation agreement "conversion" system, and potentially the asker here, the terms of separation agreements incorporated into a pre-2010 divorce decree regarding custody and support are more difficult to change in Family Court.
This answer is provided under the Avvo.com “Terms and Conditions of Use” (“ToU”), particularly ¶9 which states that any information provided is not intended as legal advice or to create an attorney-client relationship between you and me or any other attorney. Such information is intended for general informational purposes only and should be used only as a starting point for addressing your legal issues. In particular, my answers and those of others are not a substitute for an in-person or telephone consultation with an attorney licensed to practice in your jurisdiction about your specific legal issue, and you should not rely solely upon Legal Information you obtain from this website or other resources which may be linked to an answer for informational purposes. You understand that questions and answers or other postings to the Site are not confidential and are not subject to attorney-client privilege. The full Avvo ToU are set forth at http://www.avvo.com/support/terms . In addition, while similar legal principles often apply in many states, I am only licensed to practice in the State of New York and Federal Courts. Any general information I provide about non-New York laws should be checked with an attorney licensed to practice in your State. Lastly, New York State Court rules (22 NYCRR Part 1200, Rule 7.1) also require me to inform you that my answers and attorney profile posted on the Avvo.com site may be considered "attorney advertising" and that "prior results do not guarantee a similar outcome".