Common Divorce Myth That Costs High-Earners Millions

David Bliven, Westchester Divorce & Family Law Attorney - Bronx Divorce & Family Law Attorney: “Common Divorce Myth That Costs High-Earners Millions”  #Divorce #FamilyLaw #WestchesterDivorce #BronxDivorce #WestchesterFamilyLaw #BronxFamilyLaw *** If you appreciated the information in this video, please share, “like,” subscribe & follow. Thank you! ***

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“ If you earn more than your spouse, this belief can financially destroy you.

One of the biggest misconceptions among high-income earners is believing divorce is a simple 50/50 split. Courts look at income, lifestyle, earning capacity, bonuses, equity compensation, and future earnings. Without strategy, I’ve seen people lose far more than expected.”

The Most Overlooked Divorce Expense

 “Everyone misses this one cost.” Lifestyle analysis. This can involve hiring vocational experts to analyze a party's ability to earn income and/or whether they are actually conducting a diligent effort to find work if they're claiming unemployment. Forensic accounting. This can involve tracing hidden assets or income. Expert valuations. This usually involves valuing a business or professional practice. Attorney for Children. In contested custody matters, such attorneys may cost ten's of thousands. Cost clarity matters — schedule a strategy session.

https://youtube.com/shorts/MNBirph7Ul4?si=9Xe2JYkaxAMmoxrB

David Bliven, Westchester Divorce & Family Law Attorney: “The Most Overlooked Divorce Expense”  #Divorce #FamilyLaw #WestchesterDivorce #WestchesterFamilyLaw *** If you appreciated the information in this video, please share, “like,” subscribe & follow. Thank you! ***

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If the dad is providing college tuition fee and the child is 18 yrs old. can the child refuse to meet with the dad ?

Q:  the dad is providing college tuition fee and the 18 yrs old daughter refuse to meet with him. can the dad stop paying the tuition as the daughter doesn't meet with him. does the daughter needs permission if she wants to go somewhere or meet with someone.


A:  David's Answer:  If there's a court order, then the father can't just stop paying for college - he'd need to file a modification petition under these circumstances. That said, he generally wouldn't be successful unless the daughter's refusal to visit is completely unjustified. Schedule a consult with a Westchester Child Support attorney for a full assessment.   -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net) 

Statute of limitations child support,ny state

Q:  Wife had children,gave up children to father,now seeking child support for when father had children , from 1983 .


A:  David's Answer:  If she's seeking an initial order, she loses as support is only retroactive to the date of her petition. If she had a money judgment for arrears, it's arguably still enforceable depending on the date of her judgment (& whether it was renewed at any subsequent point). That said, the general statute of limitations for a judgment is 20 years (though if the judgment pre-dated 1987, it may be only 6 years). Schedule a consult with a White Plains Child Support attorney for a full assessment.  -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net) 

I AM THE PAYOR/NON CUSTODIAL PARENT. IM PAYING CHILD SUPPORT TO MY EX. CAN IT BE LOWERED WHEN MY CURRENT SPOUSE GIVES BIRTH?

Q:  WE HAD A STIPULATION OF SETTLEMENT.

Additional information

 

IF IT CAN BE LOWERED, BY HOW MUCH? I PAY SUPPORT FOR TWO CHILDREN.

A:  David's Answer:  Generally if you have subsequent children, you cannot use that as a basis to lower support. In effect, the law says those children get whatever's left of your income after the first child(ren) get his/hers/their cut. There may be some other remedies in store, so you're best advised to schedule a consult with a Westchester Child Support attorney.   -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net) 

I lost my job - how do I modify child support?

Written by David Bliven

Child Support Lawyer - White Plains, NY

Especially since the '08 financial crash, many people have lost their job. However, don't assume your child support order will automatically go down.

1 - File a Modification Petition

In NY, one only gets reflief retroactive to the date of filing, so if you lose your job, file a petition for modification right away. You cannot get a modification if you either voluntarily quit or are fired due to misconduct.

2 - Burden of Proof

On your petition, you have the burden of proving you lost your job thru no fault of your own. Thus, you must produce a notarized letter from your ex-employer confirming you were laid off, or other similar proof. You must ALSO prove you're making a diligent job search. You can generally only prove this by submitting a job search diary, comprising printouts & recordations of all your efforts to find work commensurate with your prior earnings. You should be aware that if you're completely out-of-work, the Court will generally require 30-40+ efforts per week. If you're working part-time, this may be reduced depending on your hours to 10-30 efforts per week.

Additional Resources

To access forms to restore your drivers license or challenge arrears, follow the link below.

NYS OCSE

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