Q: I'm in court with my child's father. My child is 5 months old. I gave my child my last name and now the child dad want the child's last name to be his. I never married my child's dad could I be forced by the courts to do that?
A: David's Answer: you're in court on a paternity petition & the father is able to legally establish himself as the child's father, then yes, he has a right to request that the child's last name be changed. Usually in such an instance the court will compromise and have the child's name hyphenated. In any event, you should schedule a follow-up consultation with a Westchester Child Support lawyer for a full assessment. -- 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.
Saturday, May 18, 2013
Parental obligations?
Q: do i have to pay child support if we agreed to have and abortion or put the baby up for adoption and she reneged?
A: David's Answer: Assuming the baby was born & you're the father, the answer is yes. Such "out-of-court" agreements are not binding. If she's suing you for support now, or threatening to, you're best advised to schedule a consultation with a White Plains Child Support attorney. -- David Bliven, Westchester Child Support lawyer (www.blivenlaw.net)
A: David's Answer: Assuming the baby was born & you're the father, the answer is yes. Such "out-of-court" agreements are not binding. If she's suing you for support now, or threatening to, you're best advised to schedule a consultation with a White Plains Child Support attorney. -- David Bliven, Westchester Child Support lawyer (www.blivenlaw.net)
Should two bonuses paid in a year due to administrative changes in my company's bonus program be used in my child support calc
Q: I normally get one bonus in Jan. In 2012 I got a bonus in Jan. In Oct, my company decided to move the next year's bonus payment from Jan 2013 to Dec 2012 to align performance bonus with the year earned. This pushed income I would have normally received in 2013 into 2012. Thus over-inflating my 2012 income. Now my ex wife is claiming that my income has increased and wants an adjustment to child support claiming my income is my salary and the two bonuses. My argument is that 2012 was not a normal year due unforeseeable timing change in bonus payout. How do I approach this situation to keep the Dec bonus from being used in the child support calc? I live in Westchester County NY.
A: David's Answer: I'd suggest to get a letter from your employer that states what they did. I'd also suggest to bring in your current paystub so the magistrate can see for pro-rated income for 2013. Finally, I'd suggest to bring in copies of previous years tax returns so the Magistrate can see your historical earnings. In any event, I'd also highly suggest that you schedule a consultation with a Westchester Child Support attorney for a full assessment of the case. -- David Bliven, Westchester Child Support lawyer (www.blivenlaw.net)
A: David's Answer: I'd suggest to get a letter from your employer that states what they did. I'd also suggest to bring in your current paystub so the magistrate can see for pro-rated income for 2013. Finally, I'd suggest to bring in copies of previous years tax returns so the Magistrate can see your historical earnings. In any event, I'd also highly suggest that you schedule a consultation with a Westchester Child Support attorney for a full assessment of the case. -- David Bliven, Westchester Child Support lawyer (www.blivenlaw.net)
Saturday, May 11, 2013
Motion to modify child support denied - NY
Q: I just had a family court DENY a motion to have my child support raised. The decision was DENIED, NOT denied without prejudice. My question - How long before my ex starts harassing me again with more petitions. She never stops... ive been in and out of court almost non-stop since 2011 and i want the brakes put on this lunatic so i dont have to miss more work...there has to be SOME limit since she was just denied.... but i have no idea what that limit is...
A: David's Answer: I agree with the other poser - if she files again for the same exact relief, you should file a cross-motion for sanctions both in the form of a fine as well as in the form of attorney's fees. You can also ask the Judge to direct that she only file future petitions in the form of an order to show cause, which then would require the Judge's review of the petition first before directing it be served on you. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)
A: David's Answer: I agree with the other poser - if she files again for the same exact relief, you should file a cross-motion for sanctions both in the form of a fine as well as in the form of attorney's fees. You can also ask the Judge to direct that she only file future petitions in the form of an order to show cause, which then would require the Judge's review of the petition first before directing it be served on you. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)
I have 2 kids. I pay child support 500 bi weekly. My gross pay is 2181.74. Can I get it lowered if I pay for Master school.
Q: Child Support lowered since I am paying for my masters School.
A: David's Answer: Preliminarily, I would add that (per the other posting) NYC tax does not count as a deduction in Mount Vernon (& assuming you're talking about a Westchester order), as you're most likely not incurring that tax. That said, merely attending school is not a basis to lower the order. I would, nevertheless, highly suggest that you cut a deal with the mother. It's in her (& the child's) interest to have you finish & presumably get a much better job as you could then afford to pay even more. -- David Bliven, Westchester Child Support lawyer (www.blivenlaw.net)
A: David's Answer: Preliminarily, I would add that (per the other posting) NYC tax does not count as a deduction in Mount Vernon (& assuming you're talking about a Westchester order), as you're most likely not incurring that tax. That said, merely attending school is not a basis to lower the order. I would, nevertheless, highly suggest that you cut a deal with the mother. It's in her (& the child's) interest to have you finish & presumably get a much better job as you could then afford to pay even more. -- David Bliven, Westchester Child Support lawyer (www.blivenlaw.net)
If I'm 16 and i have a baby , and the father is my age can i still get child support if he doesn't want to be the day ?
Q: I'm not having a baby , but this refers to my friend and i wanted to know
A: David's Answer: Yes - she can file a petition for paternity & support with the Family Court. I agree with the other poster - it's unlikely she'll get anything more than $25 or $50 per month, but this can be revised after he graduates. In any event should you or your friend have additional follow-up questions, I encourage you to schedule a consultation with a Dutchess/Westchester Co. Child Support lawyer. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)
A: David's Answer: Yes - she can file a petition for paternity & support with the Family Court. I agree with the other poster - it's unlikely she'll get anything more than $25 or $50 per month, but this can be revised after he graduates. In any event should you or your friend have additional follow-up questions, I encourage you to schedule a consultation with a Dutchess/Westchester Co. Child Support lawyer. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)
Want to know if I have good case to win a motion for upward modification of child support.
Q: I have a divorce decree entered by the court approving a settlement agreement . In the settlement amt , it states that I agreed to a below the minimum child support amount due to the liberal visitation agreed upon with my son's father . 3 years later , he has never exercised his right to see his son two week nights a week and further , currently he only sees him for one overnight twice a month . . . not even for the 2 night weekends as originally agreed upon too . I would like to move the court for an upward modification of child support to the minimum allowable in NY . If this isn't a strong case , I would like to seek to be allowed to claim my son my my taxes each year instead of every other year as it stands now . Are these strong grounds for an upward mod ?
A: David's Answer: How many years ago was the agreement done? For long has he only exercised 1 weekend per month? Does the agreement have a default notification provision - and if so, did you provide him with written notice of his default? Answers to these & other questions will help determine your chances. -- David Bliven, Westchester Child Support lawyer (www.blivenlaw.net)
A: David's Answer: How many years ago was the agreement done? For long has he only exercised 1 weekend per month? Does the agreement have a default notification provision - and if so, did you provide him with written notice of his default? Answers to these & other questions will help determine your chances. -- David Bliven, Westchester Child Support lawyer (www.blivenlaw.net)
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