Q: during my divorce I agreed to pay my ex wife $500.00 for my kids with the agreement that I would see them. the judge said the mandated amount was about $277.00, now that the divorce is done she is not letting me see my kids but still wants the money, I'm taking it back into the supreme court to get my visitation done should I have the judge there do a down modification or do I have to go into family court and do it. can I get it done even though I agree to pay her more. I'm scared that if I try to take her to family court she will not show because she does not have a stable address, it will be hard to serve her the paper work
A: David's Answer: Yes, you can include an application to modify the child support within the same motion you file in Supreme Court. Whether you'll likely get the modification will depend on the factors used to deviate in the first place as well as what your current income is. Schedule a consult with a Rockland/Westchester Child Support lawyer for a full assessment. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)
David Bliven is a former Family Court prosecutor who handles the full range of Divorce and Family Law cases, including child support and paternity matters. He practices primarily in Westchester (White Plains and vicinity) and the Bronx (Riverdale and vicinity). His website can be found at www.blivenlaw.net.
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