Q: My son’s father filed a downward modification and I consented to the modification because he was angry and had sent me texts/emails that made me feel like if I didn’t do what he asked he would make life impossible for me in our visitation/custody hearing. He threatened that he would not allow me to travel or do anything with my child if I didn’t lower it. Do I have any legal standing to vacate or get rid of that order in any way? Also, when we went to visitation hearing he ended up getting more visitation so he has filed another petition for a downward modification based on the increased visits. What can I do to go back to our previous child support order?
A: David’s Answer: Assuming the Magistrate did a proper allocution (which asked whether you were being forced into the agreement, or otherwise threatened or coerced), then most likely you wouldn’t be able to change the agreement. That said, if he’s filed a modification petition, then you can file an upward modification petition, stating in your petition that if he’s looking to vacate your agreement, then you consent to the vacatur & on your end want the order to be calculated on guidelines support. Schedule a consult with a Bronx Child Support attorney for a full assessment.