Q: My husband pays his ex $70 a week for child support. Plus an extra $10 for child care that shes does not pay for. Her mother confessed she doesnt charge her. She does not pay rent etc. Live with her mom. Anyways my husband was making $300 a week as a roofer. Yes hes illegal. He was laid off due to the weather. During fall nd winter tgey dont work. Hes scared to get it modified due to him not being legal (btw neither is she). Now im stuck pay $80 a week. I have 2 children of my own that I need to provide for. What type of proof does he need to take to the court to get those payment reduced till april/may when he starts working again. Will it get approved?. I cant afford to buy diaper..food. for my boys.
A: David's Answer: First, he should file a petition to vacate the child care provision. He can then seek to subpoena the child care provider if the mother maintains that she still incurs said expense. Second, to lower the support he will need to prove to the court he's making a diligent effort to find new work. I do recognize this is difficult to do when he works off-the-books. He's best advised to consult with an Orange/Westchester 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.
Thursday, October 3, 2013
My Child Support has a balance???
Q: I went to court and my arrears balance was waived and set to zero (with agreement w/of the child's mother) Now i went to court September 19th and I called into the Child Support Help Line a week later the the adjustment wasn't done yet... I called today and was told the adjustment was made on September 30th... But I was also informed that I have a balance which doesn't add up when everything was suppose to be set to zero. How can I go about disputing this?
A: David's Answer: You would need to request an "Accounts & Records" Statement from SCU and then compare their numbers to the court order. If there is an inconsistency, then SCU has a dispute form that you can fill out & submit to them. If the dispute does not get resolved, then you have a right to challenge their determination via an Art. 78 proceeding which is filed in Supreme Court. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)
A: David's Answer: You would need to request an "Accounts & Records" Statement from SCU and then compare their numbers to the court order. If there is an inconsistency, then SCU has a dispute form that you can fill out & submit to them. If the dispute does not get resolved, then you have a right to challenge their determination via an Art. 78 proceeding which is filed in Supreme Court. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)
Saturday, September 28, 2013
Can a US court establish paternity by default
Q: Can a US court establish paternity by default and order a United States citizen man to pay child support and suspend his US passport for not paying child support? The courts cannot locate this person, because he does not have a US mailing address and cannot garnish his wages, because they cannot locate any assets in the United States. He had sex with this woman in the United States but the mother suspects that he moved to Japan, before her child is born.
A: David's Answer: Yes, but I would wonder how the father was served with the petition if his whereabouts are unknown. More facts would be necessary in order to definitively answer this post. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)
A: David's Answer: Yes, but I would wonder how the father was served with the petition if his whereabouts are unknown. More facts would be necessary in order to definitively answer this post. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)
What happens a mother asks a US court to order a man to pay child support that lives in the United Arab Emirates?
Q: What happens a mother asks a US court to order a man to pay child support that lives in the United Arab Emirates? This man is a citizen of the United Arab Emirates.
A: The mother would need to establish jurisdiction over him, which is usually done via the Hague Convention on Service Abroad. She must also establish personal jurisdiction. Finally, she should coordinate her efforts with a UAE Child Support attorney as s/he would need to assist in the enforcement of the order. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)
A: The mother would need to establish jurisdiction over him, which is usually done via the Hague Convention on Service Abroad. She must also establish personal jurisdiction. Finally, she should coordinate her efforts with a UAE Child Support attorney as s/he would need to assist in the enforcement of the order. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)
Child Support Arrears Waived
Q: i finally got my arrears balance to zero by it being waived. My question is will i qualify for a refund of the money being taken out while the system is being updated?
A: David's Answer: You should bring a copy of the court order immediately to SCU so they can stop the garnishment. You can also bring it to your payroll department so they can stop sending the money to SCU. If any money is in fact taken by SCU & still held by them, then you can get it back from them. If SCU dispersed it to the support recipient, then you'd need to sue her for the overpayment. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)
A: David's Answer: You should bring a copy of the court order immediately to SCU so they can stop the garnishment. You can also bring it to your payroll department so they can stop sending the money to SCU. If any money is in fact taken by SCU & still held by them, then you can get it back from them. If SCU dispersed it to the support recipient, then you'd need to sue her for the overpayment. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)
How do I transfer a child support case from New York to North Carolina?
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)
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)
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)
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