How do I go about getting the back child support that is owed. The state is not doing anything

Q:  He is doesnt have a license so taking it away is not an option. He doesnt care that he owes this money and refuses to pay


A:  David's Answer:  You would need to file a violation petition with the Court which issued the order (presumably Rockland Family Court). There are many other options other than license suspension, such as garnishments, freezing his bank accounts and/or seizing assets. You should schedule a free follow-up consultation with a Rockland/Westchester Child Support lawyer for a full assessment.   -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)

Westchester: Discretionary amount of child support above $136,000 combined income?

Q:  Household income = $242,900. He does not want to pay his pro rata share (46%, or $1187 per month) on the income above $136,000. I think he should. We cannot agree, and it looks like this may go to court. How will a judge be likely to rule, given that no other circumstances affect his ability to pay (as per step 11(c) of the child support worksheet, including prior support obligations, etc.). Thanks.


A:  David's Answer:  What you are describing is what the Judges & lawyers call a "Cassano" hearing, named after a leading case on that issue. There are numerous factors a Magistrate will consider, some of which are the disparity of incomes between the 2 parents, the standard of living the child(ren) enjoyed before the physical separation as well as whether the child is engaged in any "add-on" activities, such as private school or expensive extracurricular activities. You're well-advised to schedule a consultation with a White Plains Child Support attorney.  -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)

What does it mean when you're told your support application is "light"?

Q: My soon to be ex's lawyer contacted me and said that my support application was "light". They are now asking for pay stubs and w-2 forms which have already been submitted. Can you tell me what this means?


A:  David's Answer: It's hard to say what is meant by that. If you have a modification petition, perhaps the lawyer meant that the basis for modification was arguably insufficient from a legal standpoint. You're best advised to schedule a consultation with a Putnum/Westchester Child Support attorney for a full assessment. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)

Is my New Jersey employer under any obligation to collect NYS child support? Can they collect it and pay if i request it of them

Q:  I just started a job in new Jersey. The support is court ordered and paid directly to support.


A: David's Answer:  I see no reason why it would not be collectible. Make sure NY SCU has your employer's information. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)

My daughter will turn 21 in Jan and is a fulltime student. can I still collect support for her until she graduates in NYS?

Q:  Now support I receive pays for her apt. I cannot afford this without the support and I am afraid he will not continue to support her.


A:  David's Answer:  If you do not have a prior written agreement from the other parent to extend support until she graduates, then any further support must be on consent. In that instance, contact the other parent & see whether s/he will agree. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)

Is it wrong if I withhold $ due to a discrepancy in child support when my ex is in arrears with daycare reimbursement for 4+mos?

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)

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)