Tuesday, May 21, 2013

Magistrate verbally agreed on my ex paying 66% of the extras, not stipulated in court papers, ex is not paying, what should I ?

Q:  Ex is paying child support but not the 66% agreed verbally, I need to file a change of circumstance, how to I prove the verbal agreement aside from trying to obtain a transcript,
(the case was taped) not typed. I need him to pay the 66% percent of extra curricular activities as I am a single disabled mom, what steps should I take? 

A:  David's Answer:  If you believe something was stated on the record by the Magistrate, but then not put in the final order, then there is no way to correct the prior order without ordering the transcript. You should thus order the transcript and file a motion to re-settle the prior order (NOT a petition for modification, which can only grant you relief retroactive to your filing date, as opposed to relief retroactive to the date of the order). In any event, I suggest you schedule a consultation with a Westchester Child Support lawyer.   -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)

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