Q: judgment has been valid since 09,they JUST swiped my bank acct so it seems like they are just NOW REALLY attacking me. i have been just recently paying it down..judgment is less then 6000. kicker is i HAVE my girls
A: David's Answer: The age or value of the vehicle wouldn't matter as to whether they could seize it, what matters is whether you have an ownership share. That said, the other owner would be able to contest the seizure & should immediately speak with an attorney who handles debts matters. If you now have the children, that's certainly a basis to terminate the ongoing support order, but the other parent would still be entitled to enforce the arrears. For a full assessment, schedule a consultation with a 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, November 6, 2013
Will my live in girlfriend's income be considered for my child support?
Q: My ex and I have three kids together. My ex recently filed for support and we share joint custody. Will my girlfriend's income (she and I have been living together for three years now) be considered in my child support?
A: David's Answer: Your girlfriend's income will not generally count as your income for child support purposes, unless she is supporting you. Schedule a consultation with a Westchester Child Support lawyer for a full assessment. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)
A: David's Answer: Your girlfriend's income will not generally count as your income for child support purposes, unless she is supporting you. Schedule a consultation with a Westchester Child Support lawyer for a full assessment. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)
Saturday, November 2, 2013
When my son turns 18 in 6 months he is planning to go move with his aunt (mothers sister). Child Support...
Q: If my son chooses to move with his aunt at age 18, will me and my ex be responsible for supporting him at the aunts house. I know NY states says 21 but I wasn't sure if he was choosing to move away from both parents if we could still have too. And if so how would that work ? I'm pretty sure that if we do the sister isn't going to take support money from her sister. Would support judge garnish her wedges as well ? Right now I pay my ex 25% for my 2 children if my 18 years old chooses to move do I have to pay each house hold 17% because it would be split? Thanks hope its not to confusing ?
A: David's Answer: Yes, conceivably you'd still need to support the 18yo if he's not working (& thus financial self-sufficient). If the move is without the parent's consent, you may argue that he's emancipated himself by virtue of his action. Otherwise, it would generally be up to the aunt to sue for child support, at which time the Court could indeed take a portion from both mother & father's income. In any event, I advise that you schedule a consultation with an Orange/Westchester Child Support attorney for a full assessment. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)
A: David's Answer: Yes, conceivably you'd still need to support the 18yo if he's not working (& thus financial self-sufficient). If the move is without the parent's consent, you may argue that he's emancipated himself by virtue of his action. Otherwise, it would generally be up to the aunt to sue for child support, at which time the Court could indeed take a portion from both mother & father's income. In any event, I advise that you schedule a consultation with an Orange/Westchester Child Support attorney for a full assessment. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)
My daughter in law lives in aruba. has child 6mths old. father is nyc cop. how can she get child support?
Q: they were married 1 yr ago.
A: David's Answer: She can file the proceeding in Westchester Family Court - so long as he resides in New York, then that state would clearly have jurisdiction over him to proceed on the support matter. She may also wish to consider filing for divorce, as she may qualify for spousal support as well as asset distribution (though probably not that much given the short-term duration of the marriage). In any event, have her schedule a phone consultation with a Westchester Child Support attorney. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)
A: David's Answer: She can file the proceeding in Westchester Family Court - so long as he resides in New York, then that state would clearly have jurisdiction over him to proceed on the support matter. She may also wish to consider filing for divorce, as she may qualify for spousal support as well as asset distribution (though probably not that much given the short-term duration of the marriage). In any event, have her schedule a phone consultation with a Westchester Child Support attorney. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)
Saturday, October 26, 2013
Will my ex go to jail for non-payment of child support ?
Q: I had my ex husband in court on Sept. 25, 2013 for a Willfulness Hearing for not paying his court ordered child support.
While in front of both the Support Magistrate, and the judge who ordered the support, he waved around a pay check stub for $3,000 take home pay.
Since our last court date, he has paid one payment on October 2, 2013 for the normal weekly amount if $151.00, and has not paid a penny since.
His current support arrears are well over $3,200. I have ascertained prior child support arrears via a QDRO which was taken from an Annuity at his union, which he still has money in.
I am preparing another QDRO to attach the remaining annuity funds for the current arrears up to our next court appearance in December.
Can the Judge find him in contempt and sentence him to jail ?
A: David's Answer: While possible, it seems the much more likely thing the magistrate will do is to order that his wages be garnished. Moreover, the Magistrate can issue a money judgment which you can use to seize funds from his bank account. If you don't already, you should strongly consider having the support paid via Support Collection Unit. Speak to an Orange/Westchester Child Support lawyer for a full assessment. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)
While in front of both the Support Magistrate, and the judge who ordered the support, he waved around a pay check stub for $3,000 take home pay.
Since our last court date, he has paid one payment on October 2, 2013 for the normal weekly amount if $151.00, and has not paid a penny since.
His current support arrears are well over $3,200. I have ascertained prior child support arrears via a QDRO which was taken from an Annuity at his union, which he still has money in.
I am preparing another QDRO to attach the remaining annuity funds for the current arrears up to our next court appearance in December.
Can the Judge find him in contempt and sentence him to jail ?
A: David's Answer: While possible, it seems the much more likely thing the magistrate will do is to order that his wages be garnished. Moreover, the Magistrate can issue a money judgment which you can use to seize funds from his bank account. If you don't already, you should strongly consider having the support paid via Support Collection Unit. Speak to an Orange/Westchester Child Support lawyer for a full assessment. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)
Why is a man more likely to pay child support on time
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)
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)
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)
Subscribe to:
Comments (Atom)