A: You cannot do so if there's a court order of support. You nevertheless can petition the Court for a modification to get that credit. How likely you will be is dependent on a number of factors, including whether you pay support pursuant to a mere order or pursuant to a written Settlement Agreement. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)
David Bliven is a former Family Court prosecutor who handles the full range of Divorce and Family Law cases, including divorce, separation, custody/visitation, child support and paternity matters. He’s ranked in the top 5% of NYC Metro Family Law Attorneys, and has been published in numerous periodicals. He is the author of 6 Family Law books. He practices primarily in Westchester (White Plains and vicinity) and the Bronx (Riverdale and vicinity). His website is: www.blivenlaw.net.
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