Q: Stay at home mom of one toddler with a husband who has not financially supported us since a month ago . Been using my own CC and reached my max for the month . In need of immediate assistance for basic necessities . Husband isn't willing to help or resolve this issue and has been MIA . Cannot afford an attorney . Where to find a pro - bono lawyer ? Search engines are of no help .
A: David's Answer: There are many websites which can connect you with a lawyer, not only Avvo, but also Legalmatch.com, Lawyers.com or Findlaw.com. You should also check with the Westchester Bar Association Lawyer Referral Service (914-761-3707). Shop around - some lawyers will indeed accept the case with no fee or a small fee if they anticipate your Husband will pay all or most of their fees. -- David Bliven, Westchester Child Support lawyer (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.
Saturday, May 11, 2013
Child support Payments
Q: I cannot find the receipt of an extra curricular activity. My support papers state that I must present a bill/receipt to my ex to receive payment. Can a check showing payment be enough or do I need to still present the bill/receipt?
A: David's Answer: Why not call the activity & see if they can fax or e-mail a copy to you? The cancelled check is better than nothing, but usually the Magistrate's want to see both the bill plus proof of payment. -- David Bliven, Westchester Child Support lawyer (www.blivenlaw.net)
A: David's Answer: Why not call the activity & see if they can fax or e-mail a copy to you? The cancelled check is better than nothing, but usually the Magistrate's want to see both the bill plus proof of payment. -- David Bliven, Westchester Child Support lawyer (www.blivenlaw.net)
How is support determined from a 1099
Q: my husband earns a 1099 and makes over $ 150 thousand , but has so many " deductions " that he ends up paying taxes on only $ 20 - $ 25k . From which number is child support calculated - the $ 150 thousand or the $ 25k ?
A: David's Answer: It is arguable that neither will ultimately determine child support. Merely because he claims such a high amount of deductions doesn't mean they're all legitimate business expenses. Among other things, he'll need to produce all the receipts & invoices proving that the expenses are indeed business expenses. -- David Bliven, Westchester Child Support lawyer (www.blivenlaw.net)
A: David's Answer: It is arguable that neither will ultimately determine child support. Merely because he claims such a high amount of deductions doesn't mean they're all legitimate business expenses. Among other things, he'll need to produce all the receipts & invoices proving that the expenses are indeed business expenses. -- David Bliven, Westchester Child Support lawyer (www.blivenlaw.net)
My x boyfriend is taking me to court for a paternity proceeding for my newborn son. What is the procedure from beg. To end
Q: I had a baby 7 weeks ago and my xboyfriend is taking me to court for paternity proceeding. He has not been involved with me since aug. baby born in dec. I'm not sure if he is the dad. I have no one on birth cert. I would Like to no what to expect now I go for DNA test right there? If he is the dad does he automatically get visitation or does he have to petition again? I left him cux he abused me I don't trust him with the baby for safety reasons. He also has done drugs. Also i am living with my parents who are supporting me and we are all moving in about a year. I can't afford it on my own will I have a prob moving away with them. We are moving 175 miles upstate in same state. Help!
A: David's Answer: On the first court date, either of you have the right to request a DNA test. The court will then adjourn the case & await the results of the test. If the test comes back positive, it will automatically trigger a child support hearing (assuming you want him to pay). As for visitation, he would indeed need to file his own petition. -- David Bliven, Westchester Child Custody/Support lawyer (www.blivenlaw.net)
A: David's Answer: On the first court date, either of you have the right to request a DNA test. The court will then adjourn the case & await the results of the test. If the test comes back positive, it will automatically trigger a child support hearing (assuming you want him to pay). As for visitation, he would indeed need to file his own petition. -- David Bliven, Westchester Child Custody/Support lawyer (www.blivenlaw.net)
How do I go about filing a contempt motion against my father?
Q: My parents were divorced 14 years ago. One of the conditions of the divorce decree was that my father was to pay 50% of my college tuition. I've been asking for months, trying to keep things out of the courts, but to no avail. The divorce took place in another county- do I need to file something to have the case moved to where I currently live? What type of documentation do I need for a hearing about this?
A: David's Answer: I would agree that the first person who should be filing the contempt motion would be your mother, as she was a formal party to the divorce case along with the agreement. However, if there is a valid reason why your mother cannot or will not file, I believe you can self-petition. And while children self-petitioning on child support matters is quire rare, I disagree with the other poster's implication that it is impossible. -- David Bliven, Westchester Child Support lawyer (www.blivenlaw.net)
A: David's Answer: I would agree that the first person who should be filing the contempt motion would be your mother, as she was a formal party to the divorce case along with the agreement. However, if there is a valid reason why your mother cannot or will not file, I believe you can self-petition. And while children self-petitioning on child support matters is quire rare, I disagree with the other poster's implication that it is impossible. -- David Bliven, Westchester Child Support lawyer (www.blivenlaw.net)
Am I responsible for camp fees that are billed to the grandmother and not my ex?
Q: I am responsible for half of my daughter's camp fees but the bill presented by my ex is not addressed to her but her mother. Am I responsible for the bill even though it is not addressed to my ex? Couldn't this be seen as a bill for her mother?
A: David's Answer: One needs to analyze the agreement - assuming this was done pursuant to an agreement versus mere order. In addition to you, does it specifically require the mother to pay her portion? That said, I doubt it will actually have consequence as to who's paying the bill on her end. -- David Bliven, Westchester Child Support lawyer (www.blivenlaw.net)
A: David's Answer: One needs to analyze the agreement - assuming this was done pursuant to an agreement versus mere order. In addition to you, does it specifically require the mother to pay her portion? That said, I doubt it will actually have consequence as to who's paying the bill on her end. -- David Bliven, Westchester Child Support lawyer (www.blivenlaw.net)
If the IRS is garnishing my paycheck, am I eligible for a child support decrease?
Q: I've been paying child support for 13 years, my ex requested an increase in court, I'm already giving her 852$ per month, and now because I owe 58,000$ in back taxes, the IRS is garnishing my paycheck for 800$ per month, now that's over 1600$ per month, between child support and IRS garneshment on a 95,000$ per year salary and I still have my regular bills to pay. Now I cannot survive financially, so am I eligible for a decrese in child support payments due to this hardship? My family court is in Brooklyn NY.
A: David's Answer: You generally would not be eligible for a decrease, as usually support is based on a percentage of your income. Nevertheless, you may be able to defeat the upward modification application by arguing that you have an "extraordinary expense." To reserve your right to proceed on a downward modification application, you'll need to file & serve your own counter-petition. -- David Bliven, Westchester Child Support lawyer. (www.blivenlaw.net)
A: David's Answer: You generally would not be eligible for a decrease, as usually support is based on a percentage of your income. Nevertheless, you may be able to defeat the upward modification application by arguing that you have an "extraordinary expense." To reserve your right to proceed on a downward modification application, you'll need to file & serve your own counter-petition. -- David Bliven, Westchester Child Support lawyer. (www.blivenlaw.net)
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