Q: He just started a new position in Tarrytown. How long do I have to wait to find out if he filed a petition? I just got downward in May of 2011. I receive the support from the Child Support Unit. Would they be advised as well?
A: David's Answer: He is obligated to serve you with the summons & petition. In between times, you always have the option of going to court and verifying any new filing with the clerk's office. For a full assessment, schedule a consultation with a Westchester Child Support attorney. -- 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, January 4, 2014
Tuesday, December 31, 2013
Iam 63 years of age, im disable an on ssi and retierment income of 800 $ pay 775. rent i owe 1100$ in back child support
Q: can they take 300$ out of my ssi check ? i have not got a thing but the room iam in . if they do i have to live in the streets. i have canser, i had 7 mager opts and diabetic foot .hept c liver problems. my son is now 37 .
i forgot to say the 1100 $ is a judgment against me from about 20 years ago .
A: David's Answer: A garnishment can indeed be entered on your SSI check. That said, you probably fall below the "self-support reserve," which is the minimum amount the law states you must be left with after deducting the child support. You can make an application to SCU to reduce the amount of the garnishment - and if unsuccessful there, you may file a petition with the Family Court. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)
Additional information
A: David's Answer: A garnishment can indeed be entered on your SSI check. That said, you probably fall below the "self-support reserve," which is the minimum amount the law states you must be left with after deducting the child support. You can make an application to SCU to reduce the amount of the garnishment - and if unsuccessful there, you may file a petition with the Family Court. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)
I have to pay CS in NY for a 19 YR old son.He has graduated and works full time ,making more money then me .Can it be dismissed?
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)
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)
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)
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