Q: my daughters father lives in ontario i live in nys. we have a court order providing me with sole custody and him with supervised visitations. my mother and i took the documents provided by my lawyer 6 hours north to my daughters father and my mother served him in person. my daughters father says it was not done properly and that we were required to go through ontario court or the consulate to serve him and that he is not legally bound by the serving. my mother has completed an affidavit and had it notarized as to the fact that she did serve him. so the question is, is what we did correct?
A: David's Answer: If you were trying to serve the initial summons in the case, then service was likely invalid. Service in a foreign country must generally be done via The Hague Convention, so long as the country is a signatory on same (which Canada is). Please see: http://www.hcch.net/index_en.php?act=status.com.... You are also best advised to schedule a consultation with a Child Support attorney in your area, particularly one familiar with international cases. -- 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
I just received a letter from Cabarrus county court house stating they are pursuing me for child support.
Q: I just received a letter from Cabarrus county court house. The letter states that my child's mother applied for T.A.N.F and as a direct result they are pursing all the paternal fathers for Child support. I will like to know my right s as a father to stop the court from pursuing me for child support when I clearly have and continue to support my child.
A: David's Answer: Since Cabarrus Co. is in North Carolina, I would advise to consult a child support lawyer who practices in that county. You may find such a lawyer by looking on Avvo, or by consulting legalmatch.com, findlaw.com or lawyers.com. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)
A: David's Answer: Since Cabarrus Co. is in North Carolina, I would advise to consult a child support lawyer who practices in that county. You may find such a lawyer by looking on Avvo, or by consulting legalmatch.com, findlaw.com or lawyers.com. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)
Im on ssi i get medicade and food stamp i need a child support lawyer can i get one for free or for small payment
Q: low income no help with rent we have 2 girls 19 and 15 we have 4 kids the boys are older neaver paid child support for the boys or the 15yrs old . there is a open case for the 19yrs old .dss open it. i dont recieve any case from dss. i need help
A: David's Answer: If you do not receive a cash budget subsidy for the children, then DSS will not generally sue on your behalf to reclaim Medicaid or Food Stamps. As such, if you wish to file your own case, just goto Family Court & file a petition. In terms of a lawyer, most lawyers in this field will not take the case for free. However, some offer sliding scales and/or payment plans, so I encourage you to contact a Westchester Co. Child Support lawyer to schedule a free follow-up consultation. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)
A: David's Answer: If you do not receive a cash budget subsidy for the children, then DSS will not generally sue on your behalf to reclaim Medicaid or Food Stamps. As such, if you wish to file your own case, just goto Family Court & file a petition. In terms of a lawyer, most lawyers in this field will not take the case for free. However, some offer sliding scales and/or payment plans, so I encourage you to contact a Westchester Co. Child Support lawyer to schedule a free follow-up consultation. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)
If me & the mother signed a contract stating child support cost is $150 every 2 weeks compared to $500 every 2 weeks; does the
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)
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)
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)
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