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)
I am a former Family Court prosecutor and handle all divorce and family law matters, including contested and uncontested divorces, child custody/visitation, child support/paternity, adoptions, family offense (orders of protection), child abuse/neglect and juvenile delinquency. I practice primarily in Westchester (White Plains and vicinity) and the Bronx (Riverdale and vicinity). My website can be found at www.blivenlaw.net.
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