I was served with papers.to appear in family court in 5 days, I cannot attend on short notice, what can I do?

Q:  I have been out of work and have no income I receive Medicaid, SNAP AND HEAP and am in deep on child support I have a great relationship with my sons who are 22 and 20 How do I get the appearance rescheduled?

Additional information

 

My wife works and I care for our kids 2 year old twins and a 3 year old she cannot get day off

A:  David's Answer:  The question becomes: if you're out of work, why can't you attend court? Generally the "press of other business" is not a legal reason for not showing up to court. You can try writing the court a letter & while sometimes that works, if it doesn't then the court may proceed in your absence. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)

Is there a statute of limitation on back child support owed to the state of new york?

Q:  i left the u.s 23 years ago because of a difficult family situation nonetheless i kept contact with my child.(having him come over for summer,christmas and whatever other vacation time available he even stayed with me for 3 years). in all this time i refused to pay the state what it was asking for child support(to be explained at lattertime). i know owe 40,000 dollars and have no way of extinguishing the debt any time soon.


A:  David's Answer:  Yes, it's 20 years, but the problem is that the statute of limitations extends to each period of time you violated. In other words, you MAY be able to avoid 3 years worth of arrears (unless there were subsequent orders or judgments), but not the remainder of the arrears. It's probably best that you seek to cut a deal.   -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)

Downward Modification of Child Support: When will I find out if my ex files for a downward modification of child support?

Q:  He just started a new position in Tarrytown. How long do I have to wait to find out if he filed a petition? I just got downward in May of 2011. I receive the support from the Child Support Unit. Would they be advised as well?


A:  David's Answer:  He is obligated to serve you with the summons & petition. In between times, you always have the option of going to court and verifying any new filing with the clerk's office. For a full assessment, schedule a consultation with a Westchester Child Support attorney.   -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)

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)