Q: Our daughter is 19 and in college. Her father and I have split up. Her home when she's not in school is my house. If she decided to file for child support, would I have to pay into it?
A: David's Answer: Generally-speaking, no. You would be considered the custodial parent for child support purposes. 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.
Saturday, October 26, 2013
Saturday, October 19, 2013
Interrogatories- Child Support My ex served me a list of interrogatories to answer and I provided all information requested.
Q: I then served my ex with the same list. When I received my ex's answers, the notarized financial affidavit she submitted states she pays rent each month but on the list of interrogatories, she noted that she could not provide a lease. If she is stating that she pays rent each month, shouldn't she be able to provide a lease just as I have? I know she lives with her parents so maybe they have an agreement. Could that be why she isn't able to provide a lease?
A: David's Answer: It is certainly possible she has an oral lease. You may serve her with a demand for discovery & inspection and request that she produce a copy of any lease. Or you may ask her at trial. 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: It is certainly possible she has an oral lease. You may serve her with a demand for discovery & inspection and request that she produce a copy of any lease. Or you may ask her at trial. For a full assessment, schedule a consultation with a Westchester Child Support lawyer. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)
Over payment on my child support account
Q: I have an over payment on my child support account and I requested a refund of that amount and was told that it was denied because the over payment is less than the obligation amount and that one payment needs to remain on file? Is this correct because is doesn't make any sense
A: David's Answer: Generally overpayments of child support are non-refundable - at least not by Family Court or by SCU. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)
A: David's Answer: Generally overpayments of child support are non-refundable - at least not by Family Court or by SCU. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)
Wednesday, October 16, 2013
Do i need to go back to court?
Q: Am i responsible for 100% of day care costs as a non custodial parent, when my childs mother is currently employed full time? As of now, it states nothing in the order regarding education. Just that i must provide medcal insurance if available with the 80-20 split.
A: David's Answer: The answer depends on what the current order of supports says. If the current order does not address payment of child care, then you're under no legal obligation to pay anything (though this may prompt the mother to file a modification petition). 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: The answer depends on what the current order of supports says. If the current order does not address payment of child care, then you're under no legal obligation to pay anything (though this may prompt the mother to file a modification petition). For a full assessment, schedule a consultation with an Orange/Westchester Child Support attorney. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net
Wednesday, October 9, 2013
Should he ask for the children to be giving a lawyer for his case
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)
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)
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)
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