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

Elmsford, NY |
Attorney answers 3


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.


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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Do they have discretion if in the divorce agreement we waived the 141K cap on parental income? Because now that's exactly what I'm asking for -- the 141K cap -- and I'm not sure how much disretion the magistrate has to grant it.


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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