Do I have to pay child support until 22 if child is attending only 2 days a week and doing homestudy for the rest?

Q:  Child is 21 and has been a in full time college and lives with her mother. NY decree says child support until 22 if she is a full time student. Child has never had a job and doesnt plan on it. Doesnt drive also. She was in school 4 days a week but now is going to attend 2 days a week and do independent study for the rest of her classes. Do i have to pay the last years child support? Will a judge still consider that full time schooling and would her never working even a part time job in her life go against her at all? Custodial parent hasnt worked in 3 years also.


A:  David's Answer:  What matters is whether the school considers that "full-time." If she is taking 12 credits, that's probably considered full-time & thus it doesn't matter how many days she's actually on campus. For a full assessment, schedule a consultation with an Orange/Westchester Child Support attorney. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)

What to do if Mother of Your Child Threatens Support - but You're Already Supporting Another Child

Written by: David Ivan Bliven                  

White Plains Child Support Lawyer

In NY, child support is calculated 17% for 1 child, and 25% for 2 children. But what happens if you're being threatened with a child support case, but already are supporting a child from a previous relationship?      

1 - Get a Written Agreement

The very first thing you should do - if you do NOT already have a child support order for that 1st child - is to have a written agreement drawn between you & the mother of that 1st child. The agreement should be drafted by a capable child support lawyer, as there's particular language which should go in there so it's valid.

2 - Ideally Get the Agreement Reduced to the Form of an Order

You are best advised to then file a petition in Family Court & get a Support Magistrate to issue a court order based on the agreement. Then if the mother of the 2d child files a petition for a support order, you can produce a copy of that agreement and/or order, along with proof of payment, and you should receive a credit for supporting that 1st child.

 

(www.blivenlaw.net)



Contributing toward children's college expenses - start saving now!

Contributing toward children's college expenses - start saving now!

Written by: David Ivan Bliven                  

White Plains Child Support Lawyer        

• Child Support
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• Family
• Family Court

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Many parents who are divorced are worried about child support - either enforcing it or having to pay it. Because college for their children is often a long way off, some don't think about it while dealing with the other issues. But college is a big expense & has a way of sneaking up on you.

1 - War story from a past potential client

A guy came in to see me saying the mother of his child was suing him for 50% of college expenses. He said he was already paying basic support & simply didn't have any money left. I reviewed his settlement agreement - it clearly said he was to pay for college. Bottom line: he was screwed! Lesson learned: save for college when they're young!

2 - In New York - child support continues thru college!

Child Support in New York generally continues until age 21 & thus includes payment towards college expenses. If the parent did not start a 529 plan early on, then s/he will still generally be liable for their share of college expenses - whether they can afford it or not. As such, if you have a child in grade school, it's best to start a 529 plan now or else set yourself up to get screwed later (or hope they attend public school). Support Magistrates will most likely impose the expense of college on the non-custodial parent even when he/she is already paying basic child support. Thus, it's a double-whammy: If you're making $50,000/year, you could already be paying $150 per week in basic support - and then on top of that you could be $100 or more per week towards college expenses. Lesson: save now or hurt later!

(www.blivenlaw.net)

 

Can a 15 year old vehicle titled to myself and another be seized in nys for child support judgment, vehicle reg to me.

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)

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)

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)

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)