Q: My ex doesn't like the child support orders, so he has been reducing his hours at work and not working any OT so they can't take out the full support amount and his income looks lower.
He is doing side jobs for extra money, cashing out his 401k with large withdrawals, and selling stuff all with the intent to bring extra income that he won't disclose to the courts, but bringing a modification request only disclosing his lower income.
A: David's Answer: His problem will be that ALL income counts for support purposes, and that includes draws from one's retirement. Moreover, if he wants to be successful with the argument that his overtime was reduced, he'd need to (at the least) provide an affidavit from his employer saying his overtime was reduced thru no fault or request of his own. For a full assessment, schedule a consultation with an Orange/Westchester Child Support attorney. -- 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.
Wednesday, October 9, 2013
Can a non-custodial parent file for a child support modification when a divorce action is still pending in another state?
Q: I have a NY child support order from 07/12 and still have a divorce pending in WA state. I was awarded an order of default because of his failure to provide discovery but the divorce decree is still not signed and yet I found out a few days ago he filed for a child support modification in NY already.
A: David's Answer: If he filed for divorce in WA, most likely that state wouldn't have jurisdiction over the child support issue. It largely depends on whether he also asked the WA court to assume jurisdiction over the support issue, as he can't have 2 applications pending simultaneously in 2 states. For a full assessment, schedule a consultation with an Orange/Westchester Child Support attorney. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)
A: David's Answer: If he filed for divorce in WA, most likely that state wouldn't have jurisdiction over the child support issue. It largely depends on whether he also asked the WA court to assume jurisdiction over the support issue, as he can't have 2 applications pending simultaneously in 2 states. For a full assessment, schedule a consultation with an Orange/Westchester Child Support attorney. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)
Saturday, October 5, 2013
What should I expect at child support hearing?
Q: I recently filed for child support and my hearing is on November 7th. I tried to work out with my daughter's dad but I am only receiving $30 for health insurance reimbursement and $120 a month for afterschool (essentially $30 a month). He offered an extra $200 a month and suggested I not go to court as they will not make him pay more than he can. We have joint custody but I have my daughter 5-7 days (depending on alternate weekends), I pay for doctor's visits, clothes, food, breakfast/lunch by myself, laundry and anything additional. What should I expect when I go to court? I am nervous about going as I make more than he does but I need help. I cannot do all of this by myself.
A: You should contact a Westchester attorney for a consultation. That said, you must prepare your financial disclosure affidavit and be prepared to present your '11 tax return, W-2 & a recent paystub. Whether you make more than him or not shouldn't matter as a percentage of support will still be based on his income (17% for 1 child, 25% for 2 children, etc.). Another good resource is https://www.childsupport.ny.gov/dcse/home.html. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)
A: You should contact a Westchester attorney for a consultation. That said, you must prepare your financial disclosure affidavit and be prepared to present your '11 tax return, W-2 & a recent paystub. Whether you make more than him or not shouldn't matter as a percentage of support will still be based on his income (17% for 1 child, 25% for 2 children, etc.). Another good resource is https://www.childsupport.ny.gov/dcse/home.html. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)
I live in NY and need to fill out financial affadavit. Do I include child support for other children as income?
Q: I have 1 child from previous marriage and father is seeking child support. I have 2 other children that live with me that I support. Do I include the child support for the 2 other children as income on my financial disclosure statement. How do I fill this form out correctly.
A: In brief, the answer is yes, you should disclose receipt of the other income. As for additional questions you may have on filling out the affidavit correctly, you should follow-up with a Family Law attorney. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)
A: In brief, the answer is yes, you should disclose receipt of the other income. As for additional questions you may have on filling out the affidavit correctly, you should follow-up with a Family Law attorney. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)
Can my ex wife stake claim to my new wife's income
Q: I am disabled and so is my ex wife spousal support ended with me becoming disabled. Can my ex wife try to receive any money from my new wife
A: David's Answer: It is unclear whether you are making a statement or asking a question in your phrase "is my ex wife spousal support ended with me becoming disabled." If you're posing a question, the answer is that you'd need to file a petition to modify or vacate the spousal support order (assuming there is one in place). Also, if it's your ex-wife, then you would presumably be paying maintenance, not "spousal support." Finally, it's not that your new wife's income could be garnished, but if she's essentially supporting you, then the Court could consider that you, in effect, do have an ability to pay at least the arrears. You're best advised to schedule a consultation with an Orange/Westchester Divorce attorney for a full assessment. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)
A: David's Answer: It is unclear whether you are making a statement or asking a question in your phrase "is my ex wife spousal support ended with me becoming disabled." If you're posing a question, the answer is that you'd need to file a petition to modify or vacate the spousal support order (assuming there is one in place). Also, if it's your ex-wife, then you would presumably be paying maintenance, not "spousal support." Finally, it's not that your new wife's income could be garnished, but if she's essentially supporting you, then the Court could consider that you, in effect, do have an ability to pay at least the arrears. You're best advised to schedule a consultation with an Orange/Westchester Divorce attorney for a full assessment. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)
Can I sue a woman for money I spent on her child thinking that it was ours?
Q: If I were to find out that a woman has been lying to me for months leading up to the birth of who I thought was my son and 7 months after having me believe he was mine and I've spent thousands of dollars on him would I have a strong enough case to sue her for the money I spent under false pretenses? Is this something I could actually take to court?
A: David's Answer: Probably not - but this would not be a "Child Support" issue, so I would suggest to re-post your question to a general litigation attorney. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)
A: David's Answer: Probably not - but this would not be a "Child Support" issue, so I would suggest to re-post your question to a general litigation attorney. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)
Thursday, October 3, 2013
Child Support Modifications..
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)
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)
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