Saturday, July 12, 2014

I entered into a temporary joint legal and residential custody until trial. We have 50/50 and live 60 miles away from each other

Q:  In this temporary agreement, my lawyer wrote an incorrect pick up and drop off location for my husband and I to transfer our child to one another also, my lawyer wrote that I will not receive any retro active monies for legal or child support. Due to the error on the pick up/drop off and being bullied to agree to no child support until trial to allow me to leave the county I was living in while married, can that temp agreement be modified to award me retro activity of legal and support until trial. My husband gives me no money for my son or his child care and makes most of his money off the books.

A:  David's Answer:  If the agreement was characterized as an interim settlement, then I see no reason why you couldn't press the issue of retro at trial (as you can say the agreement was merely that you weren't ask for the retro "at that point," but now are). That said, I'd prefer to see the agreement before rendering a definitive opinion. You're thus best advised to schedule a consult with a Child Support lawyer in your area for a full assessment.   -- David Bliven, Westchester Child Support attorney (

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