Q: In our divorce agreement, the judge ordered any and all support arrears to be taken out if his annuity, and he must provide all information to the SCU to effectuate same. We go back to the Support Magistrate next Tuesday. A Supreme Court judge decided the final terms of support, which my ex agreed to. From what I understand, a Support Magistrate cannot over rule or over turn a Supreme Court judges ruling and I can request a "Willfulness" hearing and bring the matter back in front of the Supreme Court Judge. advise. My ex is currently in arrears for well over $5,500. Please advise.
A: David's Answer: The Magistrate cannot vacate arrears once they accrue. That said, it's possible the Magistrate can grant a downward modification of the support, assuming there is a proper application for same filed by the father. And yes, you can request a willfulness hearing, but the hearing itself will take place before the Magistrate, not before the Supreme Court Judge. In any event, for a full assessment, schedule a consultation with an Orange/Westchester Child Support attorney. -- 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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