Sunday, August 3, 2014

Can a family court support magistrate make a change in child support because the agreement is unconscionable or duress was.....

Q: Can a family court support magistrate make a change in child support because the agreement is unconscionable or duress was involved, or must that be done in Supreme Court?

A: David's Answer: It depends - a Family Court Magistrate is without authority to vacate a divorce settlement done in Supreme Court. If, however, the agreement was drawn up incident to a Family Court filing (pursuant to FCA section 425), then the Magistrate would have discretion to vacate it. For a full assessment, schedule a consult with a Westchester Family Law attorney. -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net)

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