Q: My child will be 23 on April 1st. He is working part time. He is under the impression that we have a legal obligation to support him until he is 24 since he is taking 1 course in college. He is currently failing the class which is a basic English course.
A: David's Answer: I also agree. Child support statutorily cuts off at age 21, unless there is a valid, written agreement to the contrary (which in turn was incorporated into an order/judgment). As such, I suggest that if there was such an agreement, you take the time to have it reviewed by an Orange/Westchester Co. Child Support lawyer. -- 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.
Saturday, September 21, 2013
I threw my 18 year old child out because of drugs use, not going to school and risky behavior. Do I have to pay child support?
Q: She is living with her boyfriend and family.
A: David's Answer: Potentially yes, if she files a petition alleging she is not financially self-supporting. The issues on the case will be: (1) whether she has a job or is readily capable of obtaining one, and (2) whether she emancipated herself by virtue of her actions. In any event, I highly suggest that you schedule a follow-up consultation with a Westchester Child Support attorney. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)
A: David's Answer: Potentially yes, if she files a petition alleging she is not financially self-supporting. The issues on the case will be: (1) whether she has a job or is readily capable of obtaining one, and (2) whether she emancipated herself by virtue of her actions. In any event, I highly suggest that you schedule a follow-up consultation with a Westchester Child Support attorney. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)
Should two bonuses paid in a year due to administrative changes in my company's bonus program be used in my child support calc
Q: I normally get one bonus in Jan. In 2012 I got a bonus in Jan. In Oct, my company decided to move the next year's bonus payment from Jan 2013 to Dec 2012 to align performance bonus with the year earned. This pushed income I would have normally received in 2013 into 2012. Thus over-inflating my 2012 income. Now my ex wife is claiming that my income has increased and wants an adjustment to child support claiming my income is my salary and the two bonuses. My argument is that 2012 was not a normal year due unforeseeable timing change in bonus payout. How do I approach this situation to keep the Dec bonus from being used in the child support calc? I live in Westchester County NY.
A: David's Answer: I'd suggest to get a letter from your employer that states what they did. I'd also suggest to bring in your current paystub so the magistrate can see for pro-rated income for 2013. Finally, I'd suggest to bring in copies of previous years tax returns so the Magistrate can see your historical earnings. In any event, I'd also highly suggest that you schedule a consultation with a Westchester Child Support attorney for a full assessment of the case. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)
A: David's Answer: I'd suggest to get a letter from your employer that states what they did. I'd also suggest to bring in your current paystub so the magistrate can see for pro-rated income for 2013. Finally, I'd suggest to bring in copies of previous years tax returns so the Magistrate can see your historical earnings. In any event, I'd also highly suggest that you schedule a consultation with a Westchester Child Support attorney for a full assessment of the case. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)
Tuesday, September 17, 2013
Arrears Child Support Hearing
Q: I have a CS hearing coming up to get my arrears waived by my daughters mom (she will be present) My question is.. is it necessary to still bring in my W-2's and pay stubs for this type of hearing and if so can i send these documents in prior to the hearing?
A: David's Answer: No need to send this information in beforehand. You also likely don't need the mandatory financial documents if the ONLY issue is the arrears. Bear in mind that besides having the mother served, you'll also generally need her to execute an affidavit regarding the waiver of the arrears AND she'll need to appear to be allocated as to the waiver. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)
A: David's Answer: No need to send this information in beforehand. You also likely don't need the mandatory financial documents if the ONLY issue is the arrears. Bear in mind that besides having the mother served, you'll also generally need her to execute an affidavit regarding the waiver of the arrears AND she'll need to appear to be allocated as to the waiver. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)
Saturday, September 14, 2013
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?
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)
Additional information
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)
Wednesday, September 11, 2013
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)
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)
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)
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