Q: I have a friend who is going through a divorce and his wife wanted him to have supervised visits because his girl ages 6 and 2 have not seen him in almost three years. with his lawyer he agreed to the visits to see his girl this would be the only way cause she was not allowing him to. the first visit the girl ran to him and were happy she cancelled the next visit then this visit they change the younger daughter cried for her mom the oldest would not talk out loud she only whispered to him. I told him he should ask his lawyer to have the courts give the girls a lawyer something is wrong. the mom has no job and just lost her apartment she refuse to let him know were they live he pays $500.00 a month in childsupport. she has a court ordered lawyer cause she could not pay.
A: David's Answer: Preliminarily, you posted this under the category of "child support" - you may get better replies if you re-post this under either "divorce" or "child custody." That said, to get a lawyer appointed for the children his lawyer would need to file for a preliminary conference & raise the issue with the Judge. For a full assessment, schedule a consultation with a Rockland/Westchester Divorce 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
In regards to NYS child support, does my new wife's pay check affect my support? I am disabled and not working
Q: I have become disabled and have applied for SSDI, I am currently receiving LTD. My job has terminated my position because my MD will not allow me to return to work. I need to file a modification of support because my income is strictly disability. Also I want to put my children on my new wife's insurance plan is that ok? SSDI has informed me my daughter will receive a check once I am approved, does that effect my support?
A: David's Answer: You ultimately would need to prove your disability to the child support court, in a similar fashion to how you prove it to qualify for SSD. If successful, then you should qualify for a downward modification. That said, the subsidy the child receives from SSA does not effect child support. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)
A: David's Answer: You ultimately would need to prove your disability to the child support court, in a similar fashion to how you prove it to qualify for SSD. If successful, then you should qualify for a downward modification. That said, the subsidy the child receives from SSA does not effect child support. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)
How long do you have to serve the other party if you file a support modification?
Q: Our hearing is in 4 weeks and not served yet. Can I have someone else serve him by mail?
A: David's Answer: While some courts mail out the summons, you should be aware that mail service is insufficient to proceed on default if he then fails to appear. You have to serve him 8 days or more before the court date (thus, don't count the court date & count back 8 days). It's best to have him served via a licensed process server. 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: While some courts mail out the summons, you should be aware that mail service is insufficient to proceed on default if he then fails to appear. You have to serve him 8 days or more before the court date (thus, don't count the court date & count back 8 days). It's best to have him served via a licensed process server. For a full assessment, schedule a consultation with an Orange/Westchester Child Support attorney. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)
How do you prove to the court that a NCP is voluntarily reducing his work hours so that he can reduce his child support?
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)
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)
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)
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