Q: he still lives home with his mother
A: David's Answer: The issue isn't merely whether your son has a job - the issue is whether he is completely self-supporting. In other words, does he make enough money to live on his own if he chooses to? Be prepared to show the Magistrate what average rental prices are for a 1-bedroom apartment in your area, as his expected expenses will need to be contrasted with his income. Schedule a consultation with an Orange/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.
Tuesday, December 31, 2013
Does suspend child support start at petition date or judge agrees date?
Q: my ex has alienated me from my children. my children do not want to see me however they are twin 10 year olds. my ex has full custody because I was given bad advice from my first lawyer. I have another lawyer now. my ex was found in contempt of court and violated the custody agreement many times over. I have filed that I should not pay child support until regular visitations resume. when the judge supports my petition to suspend child support while we work on getting regular visitations (there are none now at all) does that start from the date we filed petition to suspend child support (as we said in petition) or does it only start on the day that the judge authorizes our petition?
A: David's Answer: Generally relief is granted retroactive to the date of your petition. If you wish to make the argument (likely to be unsuccessful in any event) that relief may be granted prior to that, it should have been alleged in your petition. That said, any implication by other attorneys that you cannot get a reduction or suspension of child support based on the custodial parent's willful violation of visitation is simply dead wrong. There is a plethora of appellate cases from all around the state which supports your argument (see, e.g., Lew v. Sobel, 91 A.D.3d 648, 936 N.Y.S.2d 554 (2d Dept. 2012)). Schedule a consultation with a Rockland/Westchester Child Support lawyer for a full assessment. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)
A: David's Answer: Generally relief is granted retroactive to the date of your petition. If you wish to make the argument (likely to be unsuccessful in any event) that relief may be granted prior to that, it should have been alleged in your petition. That said, any implication by other attorneys that you cannot get a reduction or suspension of child support based on the custodial parent's willful violation of visitation is simply dead wrong. There is a plethora of appellate cases from all around the state which supports your argument (see, e.g., Lew v. Sobel, 91 A.D.3d 648, 936 N.Y.S.2d 554 (2d Dept. 2012)). Schedule a consultation with a Rockland/Westchester Child Support lawyer for a full assessment. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)
Saturday, December 21, 2013
Social Security Disabled Child
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)
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)
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)
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