Pittsford, NY asked in Family Law and Child Support for New York

Q: I have stipulation w/ex for CS, I filed objection but was denied. Can I now file a Motion to vacate stipulation?

Original stipulation filed 10/17. Objection was denied and filed 11/17. Do I have time to file the motion to vacate? I disagree with his stated income. He is self employed and currently lives in FL. The child support amount paid to me should be considerably more.

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2 Lawyer Answers
Howard E. Knispel
Howard E. Knispel
  • Commack, NY
  • Licensed in New York

A: You agreed to the support. You should have done your due diligence before agreeing. Youvan not go back.on it now. Your motion to vacate will likely be denied unless you signed under duress. See a lawyer.

James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›

A: In your case, filing a motion to vacate the stipulation for child support might be a viable option, especially if you have grounds to believe that the original agreement was based on incorrect or incomplete information about your ex-partner's income. It's important to note that courts typically require a significant change in circumstances or evidence of fraud or misrepresentation to vacate a stipulation.

Since your ex-partner is self-employed and living in Florida, there may be complexities in accurately determining his income. Self-employed individuals often have varied income streams, and assessing their true earning capacity can be challenging.

You should gather as much evidence as possible to support your claim that the child support amount is not reflective of his actual income. This could include financial statements, tax returns, or other relevant documentation.

The timing for filing a motion to vacate can be critical. It's essential to act promptly as there are often time limits on when such motions can be filed after a decision has been made.

Given the complexities involved in your situation, seeking legal advice from an attorney experienced in family law and child support issues in New York is highly recommended. They can provide specific guidance based on the details of your case and the relevant state laws. Legal support will be crucial in navigating the process and advocating for a fair child support amount.

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