Q: My son and his mother live in Maryland and I live in North Carolina but the child support case is still in New York. What can I do to have it transferred?
A: David's Answer: It depends on what you mean by "case." If no one resides in New York any longer, then New York would no longer have exclusive jurisdiction over modification or enforcement petitions. Future such petitions should be filed in Maryland. That said, if you're talking about the collection of the support, then either one - probably better for the mother to do so - may make an application to have the collection transferred to North Carolina Support Collection Unit. -- 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 28, 2013
Can I get the back child support?
Q: My parents got divorced when I was young, 3-4 years old. My father was ordered to pay child support and only paid a handful of months he was suppose to. My mom took him to court on a few occasions, but he worked off the books in order to get away with not paying it. Currently, he's a supervisor at one business and owns another with a partner. I'm 20 now, but was curious if I could sue for back child support or if my mom had to, or if it was even possible to get the money at all.
A: David's Answer: If there's an outstanding order & he owes arrears, then it can be enforced. Furthermore, he generally needs to pay support until you're 21, so your mother could also file a petition for upward modification. Have your mother schedule a consultation with a Dutchess/Westchester Child Support attorney. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)
A: David's Answer: If there's an outstanding order & he owes arrears, then it can be enforced. Furthermore, he generally needs to pay support until you're 21, so your mother could also file a petition for upward modification. Have your mother schedule a consultation with a Dutchess/Westchester Child Support attorney. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)
Can Social Security Earnings be calculated towards child support?
Q: Am working f/t & am a custodial parent. If I decide to collect social security can my portion of child support be increased and non-custodial parents share be decreased? In other words: Can social security income be calculated towards child support? I am 63 yrs. old.
A: David's Answer: All income counts towards the calculation of child support. That said, if you're the custodial parent, then merely because you have greater income does NOT result in a decrease of child support. The only real argument the other parent would have is if the combined parental income now exceeds the statutory cap of $136,000 per year. If that's not the case, then an increase on your end won't provide a basis to downwardly modify the support. For a full assessment, schedule a consultation with a Westchester Child Support lawyer. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)
A: David's Answer: All income counts towards the calculation of child support. That said, if you're the custodial parent, then merely because you have greater income does NOT result in a decrease of child support. The only real argument the other parent would have is if the combined parental income now exceeds the statutory cap of $136,000 per year. If that's not the case, then an increase on your end won't provide a basis to downwardly modify the support. For a full assessment, schedule a consultation with a Westchester Child Support lawyer. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)
Saturday, September 21, 2013
Up to what age is a parent financially responsible for their child in NY if he is a part time student taking only 1 class?
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)
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)
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)
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