One doesn’t necessarily have to go to court to resolve child support disputes in New York. One can negotiate the issues between attorneys as well. An attorney can help determine if an out-of-court agreement can be reached. If so, you can execute a support stipulation. The support stipulation should still be presented to the court, but that’s the only role the court would play in this scenario.
However, if they can’t reach an out-of-court stipulation, then one party would need to file a modification petition. They can still seek to resolve those issues through settlement negotiations, and the Support Magistrate may have suggestions on ways to settle the case. Nevertheless, the Magistrate will conduct a hearing or trial if they can’t resolve the issues.
Does Child Support Have To Be Finalized Before A Divorce Will Be Granted In New York State?
As a general rule, child support must be finalized before a divorce is granted in New York State. This is to ensure that the children involved are taken care of financially after the divorce. If there is no support order and the court sees children involved, the court will usually not sign off on the divorce judgment unless the parties have resolved child support.