Q: Why is a man more likely to pay child support on time, if the mother makes sure her daughter sees her daddy every day and makes sure that he has a very good relation ship with his daughter, than a women who interferes with his parental rights? Her daughters lives with her mother, but spends more time with her daddy than with her mother. She has a very good relationship with her daddy.
A: David's Answer: I'm not sure that's true, but your question is more of a sociological question than one asking for legal advise. -- 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
If my original order of support says i have to pay until hes 18 but they changed the law until 21 do i have to pay
Q: i am in new york and the law just changed a few years ago and i'm curious how this will work
A: David's Answer: New York law has been 21 for at least 3 decades. That said, whether you have a basis to modify depends on what state issued the original order & whether that other state (if it wasn't NY) still has continuing jurisdiction. Also, I'd wonder whether your original support was done pursuant to an agreement, as opposed to a "mere" order. For a full assessment, schedule a consultation with an Orange/Westchester Child Support lawyer. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)
A: David's Answer: New York law has been 21 for at least 3 decades. That said, whether you have a basis to modify depends on what state issued the original order & whether that other state (if it wasn't NY) still has continuing jurisdiction. Also, I'd wonder whether your original support was done pursuant to an agreement, as opposed to a "mere" order. For a full assessment, schedule a consultation with an Orange/Westchester Child Support lawyer. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)
If my daughter decided she wanted to file for child support from her dad, would I also have to pay?
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)
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)
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)
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