Petition Against Husband for Reducing Child Support Out of Court

[NYguy032]

My question involves child support in the State of: New York

My ex husband has reduced my child support outside of the court system and against our divorce agreement.
If I serve him with petition papers, can he come to an agreement and make the necessary payments without going to trial? I'd rather this be settled outside the court room, and would like to know if it CAN be settled without a hearing.

[STATcom]

It certainly can. Since you are the petitioner, you are actually the one asking the court to do something for you. In your case, you're asking them to get your ex-husband to pay the correct amount of child support. If you can reach an agreement with your ex beforehand and get the amount of child support you're entitled to under the court ordered payment schedule, you can rescind your petition to the court.

The only possible issue that may arise that you might not have control over is what the court will do with your husband. Assuming that you have a court ordered child payment schedule in place, your husband reducing his support without the court's permission would technically be a violation of a court order. This action is technically deemed to be contempt of court and the court would be in its power to fine or jail you ex. You can try to put in a good word for your ex though. The court may consider it.

[Dogmatique]

It's not contempt until and unless a court rules it contempt. And it takes willful refusal to pay.