Farmingdale, NY asked in Child Support for New York

Q: I was petitioned for child support, but an agreement was made and adjudged and dismissed. I was served again for same.

Is it possible in NYS for my son's mother to petition me again even though a deal was made privately and I received a signed letter from the magistrate stating the case was dismissed for failure to appear. I have text messages about the deal we had made along with a receipt for a bank check made to her supporting this.

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1 Lawyer Answer
Howard E. Knispel
Howard E. Knispel
  • Commack, NY
  • Licensed in New York

A: A private out of court agreement, unless signed by the court, is not valid to modify a coutr order, and is not itself a court order. However, it can be evidence to show the court. As such, your ex can still petition you to go to court. Also, if there was any public assistance involved and the County is a Petitioner, you can not settle with your ex without the county. You should contact an attorney.

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