Q: I was remainded to custody for failure to pay child support. I was given a stay for 7 days to come up with X dollars. I was unable to do so and know that I now have a set amount of time to serve. Do I turn myself in now or do I have to wait for a warrent to be issued?
A: David's Answer: You would need to go back to court. If a remand order was already issued, a warrant is only necessary if you don't turn yourself in. -- 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.
Wednesday, September 4, 2013
Can I emancipate my daughter? She is 18 not attending college works but has lived with her grandparents for about a yr because
Q: She doesn't always get along with her mom. We barley have talked for yrs from on going brain washing. Her mom currently collects my child support and I want to stop it. I tried over the yrs to have a relationship with my daughter but a big part is on my end I set rules and her mom doesn't. Because of this it has ruined my relationship. My daughter has been involved with the police and court many times and I have no control. I am a newly retired corrections officer that just received disability due to a inmate officer altercation
A: David's Answer: It is possible, but it's also a very tough case to prove. Basically you need to prove that your daughter's refusal to visit you is completely unjustified and that you've made efforts throughout the years to repair the relationship. I'd advised to assemble a paper-trail of any efforts you've made - and indeed to reach out to her again via letter or e-mail. In any event, you should schedule a consultation with a Westchester Child Support lawyer for a full assessment. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)
A: David's Answer: It is possible, but it's also a very tough case to prove. Basically you need to prove that your daughter's refusal to visit you is completely unjustified and that you've made efforts throughout the years to repair the relationship. I'd advised to assemble a paper-trail of any efforts you've made - and indeed to reach out to her again via letter or e-mail. In any event, you should schedule a consultation with a Westchester Child Support lawyer for a full assessment. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)
Wednesday, August 28, 2013
I am the non-custodial parent and my daughter will turn 21 on 9/16/13. How do I terminate my support, which is $1,100 a month.
Q: Does the state of NY automatically close my child support case on my daughter's 21 st birthday?
A: David's Answer: They should, assuming there was no valid, written agreement (which was then incorporated into an order) extending the emancipation time. If the order is garnished from your pay, then you want to monitor it closely to verify whether it stops. If it doesn't, then you should immediately do 2 things: (1) file a protest with SCU, which may serve to halt the dispersal of the funds they collected, and (2) file a petition to terminate the order. In any event, should you have follow-up questions, I highly advise that you schedule a consultation with a Westchester Co. Child Support lawyer. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)
A: David's Answer: They should, assuming there was no valid, written agreement (which was then incorporated into an order) extending the emancipation time. If the order is garnished from your pay, then you want to monitor it closely to verify whether it stops. If it doesn't, then you should immediately do 2 things: (1) file a protest with SCU, which may serve to halt the dispersal of the funds they collected, and (2) file a petition to terminate the order. In any event, should you have follow-up questions, I highly advise that you schedule a consultation with a Westchester Co. Child Support lawyer. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)
My ex- wife is taken me to court 4 support but she has my so and i have my daughter .
Q: i got custody off my daughter in oct 2012 and a suspended order of custody as well ,will i have to pay her support
A: David's Answer: Generally when there is a split custody situation the court calculates child support you would pay to her for the child in her care, and then the court would calculate support she would pay to you for the child in your care. However, you must have your own cross-petition requesting support for the Court to do this. If you do not, then the Court will only calculate support you owe to her. In any event, should you have any follow-up questions, I highly encourage you to schedule an appointment with an Orange/Westchester Co. Child Support lawyer. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)
A: David's Answer: Generally when there is a split custody situation the court calculates child support you would pay to her for the child in her care, and then the court would calculate support she would pay to you for the child in your care. However, you must have your own cross-petition requesting support for the Court to do this. If you do not, then the Court will only calculate support you owe to her. In any event, should you have any follow-up questions, I highly encourage you to schedule an appointment with an Orange/Westchester Co. Child Support lawyer. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)
What does this CPO-D/R implies when placed in the calendar of a court order?. Can you explain??
Q: this is in relation to a child support case. Unfortunately unable to pay due to lack of work.
A: David's Answer: It usually means the date is just on the calendar for administrative control purposes, often used as a "tickler" in the system to trigger a deadline for the Magistrate, such as when an order or decision is due. Nevertheless, I highly suggest you verify same by calling the Clerk's office. I also encourage you to schedule a consultation with a White Plains Child Support lawyer. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)
A: David's Answer: It usually means the date is just on the calendar for administrative control purposes, often used as a "tickler" in the system to trigger a deadline for the Magistrate, such as when an order or decision is due. Nevertheless, I highly suggest you verify same by calling the Clerk's office. I also encourage you to schedule a consultation with a White Plains Child Support lawyer. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)
I am a married man who had a child outside of marriage.
Q: The child's mother is now taking me to child support. Why do they want my wife's finical information if she is not legally obligated to the child.
A: David's Answer: They may be asking for your wife's information if she helps pay for some of your household expenses and defrays more than your 50% share of same. If she does not, then I would object to disclosure of same (which forces their hand to file a motion so the Magistrate may consider whether to order that disclosure or not). In any event, you should consider scheduling a consultation with a Child Support lawyer in your area. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)
A: David's Answer: They may be asking for your wife's information if she helps pay for some of your household expenses and defrays more than your 50% share of same. If she does not, then I would object to disclosure of same (which forces their hand to file a motion so the Magistrate may consider whether to order that disclosure or not). In any event, you should consider scheduling a consultation with a Child Support lawyer in your area. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)
I had a job wher i was paid 400 a week. i was orderd to pay 50 in child support weekly and 175
Q: i lost my job and go unemployment. 220 a week i then took a part time job for 7.50 an hour and lost 3 days of my unemployment bringing me to 55 a week unemployment and 75 dolars a week on my paycheck . big mistake. i am goin back to court to get a modification. will the judge understand that i was unjustly fired and that i am eligible for 220 a week but since i took a part time job am only recieving 50.. will the judge lower my support and daycare since i make well under 10000 a year and it wasnt my fault i got fired?
A: David's Answer: You ultimately have the burden to prove to the Judge that you were fired for reasons other than that it was "your fault." This may involve subpoenaing your ex-employer. You also have the burden of proving you've made a "diligent effort" to find work commensurate with your prior job. For a full assessment, schedule a consultation with a Dutchess/Westchester Child Support lawyer. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)
A: David's Answer: You ultimately have the burden to prove to the Judge that you were fired for reasons other than that it was "your fault." This may involve subpoenaing your ex-employer. You also have the burden of proving you've made a "diligent effort" to find work commensurate with your prior job. For a full assessment, schedule a consultation with a Dutchess/Westchester Child Support lawyer. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)
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