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Modification of divorce stipulation

New York, NY |

My husband and I entered into "so ordered" stipulation" for temporary maintenance. A few months later we signed another stipulation which was lower amount. Since he didn't pay me anything I'm trying to calculate amount that he owes me. Was the first agreement valid until we changed that? Does he owe me temporary maintenance from the day we entered into the stipulation or from the begining of the divorce?

Attorney Answers 2

  1. Technically, unless the second stipulation retroactively modifies the terms of the first stipulation you would be entitled to support per the terms of the first agreement until the date of the second stipulation. Going forward, the second stipulation would effectively supersede the first. The amount he owes would include the outstanding balance owed under the first agreement plus the outstanding balance owed under the terms of the second agreement. Of course the new amount would commence on the date of the execution of the second agreement. A bit confusing but there it is.

    Please note that this general response to your inquiry does not establish an attorney-client relationship.You should consult with a competent attorney for advice regarding your particular situation.

  2. You would have to calculate the amount due from the date of your request for maintenance to the date you are making your calculations. Unless there is a provision that says the lower support only starts from the date the agreement is signed, the lower amount is retroactive to the start of the case under NY law.

    I hope you found this answer helpful and if so, please let me know by clicking the "Mark as Helpful" button at the bottom of this answer. It’s easy and appreciated. You can also choose a "best answer" if you wish. This is easy to do and greatly appreciated.

    This advice is not meant to create an attorney-client relationship and is a general anwer to the question posed.

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