Wednesday, July 23, 2014

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

Q:  requested three years after the divorce?

A:  David's Answer:  Yes, a statute was passed in 2010 stating that all judgments/orders entered 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 entered 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.   -- David Bliven, Westchester Family Law attorney (

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