Can I get arrears waived in NY?

Q: I have been paying support for 16 years. Was petitioned in 10/12, court date 12/12 custodial parent did not show up. New court date in 4/13 custodial parent attends with out paperwork. Finally appeared on 9/13 and I am in arrears for over $10K. Shouldn't the arrears be calculated from the date parent finally came prepared for court?


A: No, because the arrears flowed from the date of the prior order. If you mean retroactive support (not technically arrears), then answer is also no, as the Magistrate would have (implicitly) determined that was the proper amount you should have been paying all along.  -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)

If my ex took a voluntary layoff to receive funding go back to school, can he now collect child support from me?

Q: he took this layoff in January, voluntarily, and was accepted into a gov subsidized second careers program. He now only collects the money they offer for schooling support and has come to me to take me for child support. I have been paying for all of our daughters expenses (clothing, extra curricular activities etc) since January and have kept receipts.


A: I'm confused by your question - are your children residing with the father? If yes, then you do indeed need to pay child support to the father regardless of his job situation. If the children are residing with you, on the other hand, then the father owes child support to you, not the other way around.  -- David Bliven, Westchester Child Support lawyer (www.blivenlaw.net)

Is offsetting of medical bills a violation of a decree? How about unilateral religious decisions for a child?

Q: My ex did not directly pay me her portion of an orthodontia bill, but prepaid
4 months (on my account ) instead so that could claim FSA savings.  She then billed me $3 for the difference!  I am taking her to court in two weeks in search of proactive modifications to prevent such behavior and to ensure she reimburses me on time consistently. She often does not.  She also unilaterally decided to put my son in church confirmation classes and then withheld information on it.  What are my chances of getting modifications such as prohibiting offsets, time limits on reimbursement, and agreement(s) on religious decisions?    


A: I'm not sure I understand what you mean by "off-sets" in your context. Generally though, one needs to strictly follow the agreement as stated. If one does not, one risks a default by the Judge & thus possible sanctions and/or counsel fees.  -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)

Can a parent legally receive child tax credit refund for child not living with them?

Q: Child was sent to Mexico from April '08 - August '11. I went with the mother to tax preparer and when he asked where the child lived each year she claimed it was NY, but at the time he was in MX on "vacation". I know for a fact that the child lived in MX for continuous period of 3+ years so would his mom legally be entitled to claim him on taxes for the time period he did not live with her in NY? Mom is undocumented immigrant and father is not at all involved in child's life.


A: No - if the child was not residing in the U.S., the parent cannot claim a tax deduction for the child with the IRS.  -- David Bliven, Westchester Child Support lawyer (www.blivenlaw.net)

How to collect child support arrears:Court's clerk and/or NYS Child Support Enforcement erred re judge's CONDITIONAL Order?

Q: "Old divorce" found in court records contain judgment of divorce and separate, "not to be merged" Stip of Settlement. Judge's order granted waiver of child support/pendente lite arrears ON CONDITION that ex was to cooperate in selling all marital real properties. Ex deliberately went underground, never cooperated, childrens family home foreclosed, other sold but no monies were given to satisfy arrears. In contacting NYS Child Support, it claimed not to know anything about the judge's CONDITIONAL order. In calling the court clerk who said that the judge's order must have been misinterpreted at NYS CSU, but that on review of my JOD and Stip, pendente lite order arrears should NOT have been irradicated UNTIL and WHEN equity money from marital real properties was distributed to plaintiff. After many years ex re-surfaced in NY. He has bought, sold other real properties since divorce, some paid in full way before mortgages due. Presently owns minimum two properties, one paid off completely after having mortgage only six years (he resides in this one). Want to obtain money judgment, attach all assets, especially real properties, bank accounts (he inherited quite largely), etc. Also want him to pay all legal fees as he deliberately, with much aforethought, DENIED his children their rightful upbringing and place in our society by his stealing what should have been theirs and denying me as I struggled terribly, financially, to keep the roof over our heads and food on our table. He was selfish and cruel to have done this to his family.


A: You would need to file an order to show cause in the original issuing Court. Depending on exactly how the settlement & Judgment read, it's possible to get the arrears enforced as well. Counsel fees are usually granted upon the Judge finding that he willfully violated the order.  -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)

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)