If my ex-wife signs a paper giving me my kids for six months a year do I still have to pay her child support?

Q:  we just got our divorce and now my ex-wife wants to change the visitation from me having my kids every summer to me having my kids for six months a year when I told her I would take it but would not pay her child support she said I would have to. she is willing to sign a notarized paper but I don't feel I should have to pay her still if I have them for that long and I should be able to claim them on my taxes for those six months. also she is on social services should she change that also if they are with me that long if she does not can I get in trouble for having them. in the divorce I am paying her child support but not for the summer when there with me


A:  David's Answer:  You can file a petition to reduce the child support, but generally if you have shared custody you would still need to pay some support if you earn more than her. You should first use the notarized letter to get a modified custody order, then move to modify child support. Schedule a consultation with a Rockland/Westchester Child Support attorney for a full assessment.  -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)

How does someone go about collecting delinquent alimony and child support.

Q:  My girlfriend's ex has not been current with his support and maintenance payments for some time. He has been running one month late on his payments for several months. Now he has refused to pay this month, effectively making him 2 months in arrears. He has recently filed to have alimony modified and/or terminated. My girlfriend cannot afford an attorney as she can barely pay her bills because of these delinquent payments. How does she go about seeking a remedy to this issue? Also, her ex is himself an attorney and should realize the ramifications for non-payment. Could his refusal to pay have any consequences on his law practice?


A:  David's Answer:  You can file an order to show cause to reduce any arrears to a money judgment. You can then use the judgment to enter a garnishment on his wages and/or seize his bank accounts. Schedule a consultation with a Westchester/Rockland Child Support attorney for a full assessment.  -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)

Do I have to pay child support for a child thats not biologically mine.

Q:  The child is eight years old, the mother went on public assistance, I signed acknowledgement of paternity 4 yrs after he was born.....not knowing the repercussion..and I paid for the dna test, and showed the results........


A:  David's Answer:  If you signed the acknowledgement of paternity & failed to move to vacate it within the prescribed time, then it doesn't matter anymore than the child isn't biologically yours. That said, the worse that happens is the court says no, so you can always give it a shot. Schedule a consultation with an Orange/Westchester Family Law attorney for a full assessment.   -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)

Should two bonuses paid in a year due to administrative changes in my company's bonus program be used in my child support calc

Q: I normally get one bonus in Jan. In 2012 I got a bonus in Jan. In Oct, my company decided to move the next year's bonus payment from Jan 2013 to Dec 2012 to align performance bonus with the year earned. This pushed income I would have normally received in 2013 into 2012. Thus over-inflating my 2012 income. Now my ex wife is claiming that my income has increased and wants an adjustment to child support claiming my income is my salary and the two bonuses. My argument is that 2012 was not a normal year due unforeseeable timing change in bonus payout. How do I approach this situation to keep the Dec bonus from being used in the child support calc? I live in Westchester County NY.


A:  David's Answer:  I'd suggest to get a letter from your employer that states what they did. I'd also suggest to bring in your current paystub so the magistrate can see for pro-rated income for 2013. Finally, I'd suggest to bring in copies of previous years tax returns so the Magistrate can see your historical earnings. In any event, I'd also highly suggest that you schedule a consultation with a Westchester Child Support attorney for a full assessment of the case.   -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)

Time Limits on Requesting a DNA (Paternity) Test

Written by David Ivan Bliven

White Plains Child Support Lawyer

 

Many fathers unwittingly sign the "acknowledgement of paternity" form when their baby is born, not realizing that this form then puts a time limit of 60 days (generally) as to when they must request a DNA test.

1 - 60 days - or be prepared to prove fraud (or some other ground)

Generally, when a new father signs the acknowledgement of paternity, he generally has up to 60 days to move to revoke the acknowledgement by asking for a DNA test. If he does not, then he must generally prove "fraud, duress, or material mistake of fact." This requirement is usually not satisfied by claiming "she told me the child is mine & now I have doubts."

2 - If you have even a 1% doubt you are not the father, don't sign the acknowledgement

Many hospitals push both forms in front of the new parents & ask the father to sign both. Sometimes nurses mistakenly explain that the father must sign the acknowledgement of paternity in order to have his name placed on the birth certificate. This isn't true! The mother can put down anyone's name as the father on the child's birth certificate - placing the name on the birth certificate (in itself) does not establish paternity rights. Thus, if you have even a small doubt as to whether you are or are not the father, don't sign the acknowledgement of paternity. Just have the mother list your name on the borth certificate (if you both want it) & then go back to celebrating. You can always sign the acknowlgement of paternity at a later time.

 

www.blivenlaw.net



Ordered to pay child suppt arrears a few yrs ago but I was at Fedl Poverty Level. Is there a statute of limitations?

Q:  I'd like to have it appealed but dont know if it's too late.


A:  David's Answer:  If the arrears were reduced to a money judgment, then the statute of limitations is 20 years. That said, most of the time, the money judgments are simply folded into subsequent judgments, so it's really 20 years from when the underlying order expires (i.e., generally 20 years after the youngest child turns 21). Additionally, you generally have up to 30 days from notice of entry of the order to file an Objection appeal. Schedule a consultation with a Westchester Child Support attorney for a full assessment. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)

One parent with two different child support cases.

Q:  I have two daughters with my first wife and one daughter with my soon to be ex -second wife. I already have an order for my two eldest children and will be going to court in two weeks for my youngest. Will the judge take into consideration that I have 50/50 custody of my first two kids? I pay very little to my first ex since she and I make similar incomes. How is the second case determined? Any help is appreciated. Thank you


A:  David's Answer:  Yes, the Magistrate should consider the prior order. Be sure to bring with you both the order & the proof you are paying same. It should then be subtracted off your income before the Magistrate calculates support for the 3d child. For a full assessment, schedule a consultation with a Westchester Child Support attorney.  -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)