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Can I request that the Sup Ct. judge issue of finding, based on the evidence & testimony at the trial that she ignrd the stip?.

Q: I am bringing an action in a NY Supreme Court against my ex-wife. It’s post-matrimonial, but the “divorce judge” still has control of the case. We voluntarily entered into a stipulation and my ex has reneged on most of them; all are material. The problem is that we agreed upon child support and it was so-ordered by the judge. The original order of support was carried over from the Family Court. Being that my ex is not adhering to the stipulation, I want a new support order issued. The Supreme Court judge said that I would have to petition the Family Court for that. I want to do this, but I’d have to convince the magistrate there, that the reason why is because she refuses to abide by the stipulation. She did not enter into it in good faith; I did, and I gave up a lot in return.

A: David’s Answer: If your ex isn’t following the stip, then you can proceed to enforce it in Supreme Court. Unfortunately in your case, the Supreme Court has the authority to refer issues of child support back to the Family Court (which apparently s/he’s doing). Schedule a consult with a Westchester Child Support attorney for more info.

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