Q: We have a divorce decree, he is ordered to pay child support and % daycare and medical. He is over 4 months in arrears with daycare reimbursement, csu deducted the wrong amount in October for child support and although he is in arrears with daycare reimbursement he is demanding I reimburse the discrepancy which is way less than what he owes for daycare.
A: David's Answer: I would advise to write the father with the following proposal: either you be allowed to treat the discrepancy as an off-set, you else you'll need to go back to court to enforce the arrears, in which case he'll be hit with interest and counsel fees. If he chooses the "hard way," then hire a lawyer & file the application. Speak to a Dutchess/Westchester Child Support lawyer for a full assessment. -- David Bliven, Westchester Child Support lawyer (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 20, 2013
Saturday, November 16, 2013
Is father financially liable if he grossly underrepresented his income for child support?
Q: This question is regarding a 2009 child support order, and a 2010 order upon support for an educational trust. I found out that the child's father grossly under-reported his income to the court. Instead of earning $150,000 a year, he actually earns $750,000. The child was entitled to share in her father's wealth and standard of living, and was deprived of it due to his lie. I have copies of pay stubs over a three month period to prove it. It is also on documents from another court (he is not aware that I have these documents in my possession, or that I am aware of his true income). Is the child entitled to back child support for what the amount "would have been" had his true income been taken into consideration in 2009 and 2010? How do I proceed?
A: It is doubtful, but one would need to know in what manner did he misrepresent his income. Did he produce tax returns & W-2's & those were fraudulent? Or did he just orally state what his income was? If there is so much money at stake, you should definitely retain a lawyer to assist you with the case. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)
A: It is doubtful, but one would need to know in what manner did he misrepresent his income. Did he produce tax returns & W-2's & those were fraudulent? Or did he just orally state what his income was? If there is so much money at stake, you should definitely retain a lawyer to assist you with the case. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)
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)
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)
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)
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)
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)
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)
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