Arguing the CSSA NY Amendment

Question:

My divorce trial which included Child Support ended on August 24, 2010 but was not signed and entered until November 10, 2010. Since the law was not in effect on August 24, 2010 I had no knowledge of the new law or that we had the ability to opt out of the added reasons (15% or more every 3 years). Has there been any cases that support the individuals that were in the “limbo” period where their paperwork was just sitting on a desk?

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Answer:

It will depend upon whether you entered into an agreement that addresses future modification or a decision and order was rendered by a court. If you entered into an agreement, that may be controlling. If you have a decision and order which was signed and entered after the effective date of the 2010 statute, the statute should be controlling.

This legal question was provided by a Avvo and answered by Jean Mahserjian an experienced Albany, New York Divorce Attorney.  This does not consent an attorney client relationship.