Does the Support Magistrate have discretion in determining whether to approve a downward modification in child support......

Asked 6 months ago - Elmsford, NY

requested three years after the divorce?

Attorney answers (3)

  1. Susan Jo Civic

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    Contributor Level 13

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    Answered . The support magistrate may deviate from the statutory percentage and Section 413 of the Family Court Act spells out the deviation factors. If you are seeking a downward modification, I strongly recommend having a consultation with a local attorney to discuss the particulars of your case as the chances of success will vary according to the facts of each case.

  2. Steven P. Kuhn

    Contributor Level 13

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    Answered . Yes they have discretion for a variety of reasons, but that does not mean they always use it. I recommend you consult with a local matrimonial attorney.

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  3. David Ivan Bliven

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    Contributor Level 20

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    Answered . Yes, a statute was passed in 2010 stating that all judgments/orders enetered after the effective date are subject to automatic modification after 3 years (upon a petition being filed). So if that's your case, then you can petition for a modification. If your order/judgment was enetered prior to October, 2010, then the old standard applies (substantial change of circumstances). Schedule a consult with a Westchester Family Law attorney for a full assessment.

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Related Topics

Divorce

Divorce is the process of formally ending a marriage. Divorces may be jointly agreed upon, resolved by negotiation, or decided in court.

Child support modification

Either parent can request modification of a child support order due to changes in circumstances, such as different income or major changes in the child's needs.

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