Social Security pd $796/mo from my disability when all 5 children were under 18 by garnishment. Why am I still paying out $796?

Q: I was divorced in NY 15 yrs ago. Had 5 minor children. Ex receives NYS child support, modified to $873/mo for 3 when other 2 aged out (as per my disability modification) She also receives $796/mo garnish of my own SSD, originally based on 5 minors. I receive $1010/mo. This is my only income. All together she's paid $1669/ mo for cs. BUT SS told me that irrespective of children aging out & not receiving any more of my SSD, any remaining children under 18 would pick up the difference of total amoutn meaning that my ex would still get $790/mo whether there were 5 or 2 children under 18. Asked why, was told by SSD rep that amount stays the same as it was for the 5 children until the very last child turns 18. Paying $795 out of my SSD for 2 as I did for 5. WHY? No wonder SS is going broke!


A:  David's Answer:  Your confusion may stem from the difference between payment of child support, which is what was awarded by the court, and the subsidy awarded to the children (payable to the mother) by the Social Security Administration. The latter is NOT considered a form of child support and technically does not reduce the benefits otherwise payable to you. For a full assessment, schedule a consultation with a Westchester Child Support lawyer.   -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)

Upward Modification/Child Support do I need proof of non-custodial parent's increased income from new job before going to court?

Q:  It's been less than 3 yrs since last decision. Non-custodial parent's recent job change may be securing him 15% or more in increased earnings. We don't exchange tax info & I do not know for certain; but suspect his earnings have increased with his new job oppty. His childs' needs have also increased. My earnings have not increased. If I seek upward modification & go to court, does my atty need to establish the increase in his earnings before going to court? How is that done? Or can the Judge just inquire about his new earnings in court when we go.? I understand that an upward modification can be asked for if the earnings have increased 15% or more or 3 yrs have passed since last decision.


A: David's Answer:   The proper procedure would be to bring the evidence in with you to court. Thus, when you file the petition, your attorney should immediately subpoena the records from his employer. For a full assessment, schedule a consultation with a Westchester Child Support attorney.  -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)

Can I deduct college tuition payments from the amount of child support i pay?

Q: I pay about $3000 in child support each month and my oldest just started college. I pay $1000 per month to the school toward tution/room and board. Can I deduct this payment from the child support and pay only $2000?

A: You cannot do so if there's a court order of support. You nevertheless can petition the Court for a modification to get that credit. How likely you will be is dependent on a number of factors, including whether you pay support pursuant to a mere order or pursuant to a written Settlement Agreement.  -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)

My judgment of divorce ordered that "during the time the infant attends college ( she started in August)

Q: the child support shall be reduced by 50%. Can I ask for an upward modification? with the money that I make I cannot pay for my part of school with the 50% reduction.


A: Whether you can modify the agreement largely depends on the language found in the agreement regarding modification. As such, I would highly advise to have the Agreement reviewed by a Family Law attorney.  -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)

Did we serve the court papers properly?

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)

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)

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)