Q: One of my children is 23 years old. Been advised to apply for SSI. If I receive child support for this child (I have been divorced for quite sometime), will that impact the child receiving SSI? Child has had disability since at least age two, if not earlier.
A: David's Answer: No, receipt of social security does not impact child support. That said, my question would be until what age does the divorce agreement provide for child support to continue? Schedule a consultation with a Westchester Child Support attorney for a full assessment. -- David Bliven, Westchester Child Support attorney (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.
Saturday, December 21, 2013
Can I personal send subpoenas to banks for my exes statements for child support case?
Q: Don't trust him to produce appropriate documentation so I want to subpoena all record from credit cards and bank accounts for our next child support case.
A: David's Answer: You cannot serve same personally. Not only must the subpoena by signed by an attorney or by the clerk of the court, but someone else who is at least 18 years of age must be the person to conduct service. Schedule a consultation with a Child Support attorney in your area for a full assessment. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)
A: David's Answer: You cannot serve same personally. Not only must the subpoena by signed by an attorney or by the clerk of the court, but someone else who is at least 18 years of age must be the person to conduct service. Schedule a consultation with a Child Support attorney in your area for a full assessment. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)
Can i re petition my ex back for more child support while my custody case is on going?
Q: currently I am scheduled for trial for custody. But when my child support case was going my ex cut back on his hrs. So that i couldn't get the full child support that i was due to get. Now that the support case is closed he's back to working his original hrs.
A: David's Answer: How long ago was the support case done? If it hasn't been 3 years, then you will need to prove that the increase of his hours has also caused a "significant" increase of his income (generally 25% or more). Schedule a consultation with a Child Support attorney in your area for a full assessment. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)
A: David's Answer: How long ago was the support case done? If it hasn't been 3 years, then you will need to prove that the increase of his hours has also caused a "significant" increase of his income (generally 25% or more). Schedule a consultation with a Child Support attorney in your area for a full assessment. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)
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)
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)
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)
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)
Wednesday, December 18, 2013
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)
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)
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