Q: contract stand at $150 or do i still have to pay the $500 every 2 weeks?
A: David's Answer: If the mother files a petition & wishes to have support paid at the $500 amount, the Magistrate will most likely allow this unless the "agreement" was a duly-executed Separation Agreement. That said, I think it's worth your time to bring the agreement to an attorney & have it reviewed. Thus, I highly suggest that you call a Westchester Family Law attorney to schedule a consultation. -- 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 my housing allowance from the VA be used to calculate child support?
Q: I am a full time student and receive a set amount from the VA to live on while I am in school. I pay an amount that my EX and I agreed on for child support, but now she is taking me to court for more. It is April now and my school is finished in November, which means I will no longer be getting any money once I graduate. The allowance I receive now is Non taxable and doesn't get reported to the IRS. Can a judge order me to pay 17% of this for child support? Don't get me wrong, I am a good father who gives what he can to help his child but if I give any more I won't be able to live for the remaining time I am in school..
A: David's Answer: Yes, a housing allowance is generally considered income for child support purposes. However, I agree with the other poster that if your income falls below the self-support reserve, the support itself may be quite low. That said, you have an obligation to work a full-time job even if you are attending school. Thus, you should schedule a consultation with a Child Support lawyer in your area. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)
A: David's Answer: Yes, a housing allowance is generally considered income for child support purposes. However, I agree with the other poster that if your income falls below the self-support reserve, the support itself may be quite low. That said, you have an obligation to work a full-time job even if you are attending school. Thus, you should schedule a consultation with a Child Support lawyer in your area. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)
Can child support order be changed from state established to state where kids live?
Q: I was divorced in Ct in 2002 and child support was established in 2004,the same year I moved with my children to Ny. We have lived here since...can orders be changed to Ny?
A: David's Answer: In what state does the support obligor live, in NY or CT? If the support obligor still lives in CT, then any modification/enforcement must generally be done in CT. That said, there may be a different basis for jurisdiction in this state over the support obligor, so it may be worth it to have a follow-up consultation with a Family Law attorney. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)
A: David's Answer: In what state does the support obligor live, in NY or CT? If the support obligor still lives in CT, then any modification/enforcement must generally be done in CT. That said, there may be a different basis for jurisdiction in this state over the support obligor, so it may be worth it to have a follow-up consultation with a Family Law attorney. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)
Do I have to give my baby his fathers last name?
Q: My boyfriend and I are moving in together after 5 years. We are having a son in March. He is convinced that the only option for my son is to have his last name. He says that if I give the baby my last name it would alert social services that he is either not involved or that we have problems. My reasoning is that we are not married and likely won't so why should I call my son by a different last name to mine? Can you please advise?
A: David's Answer: You may give the child your last name if you desire. Merely listing your last name as opposed to the father's will not trigger any report to DSS. In any event, I encourage you to follow-up with a Dutchess/Westchester Co. Child Support lawyer should you have additional questions. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)
A: David's Answer: You may give the child your last name if you desire. Merely listing your last name as opposed to the father's will not trigger any report to DSS. In any event, I encourage you to follow-up with a Dutchess/Westchester Co. Child Support lawyer should you have additional questions. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)
No warrent has been issued yet, but I know that I am in violation of a court order. What do I do?
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)
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)
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)
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