Q: THIS IS FOR AN UPWARD MOD.
A: David's Answer: If by that you mean, from the point at which the trial ends to the date you received the decision from the Magistrate, it's generally 60-90 days. Sometimes it make take slightly longer due to unusual backlog of a particular Magistrate, and/or his/her vacation/holiday schedule. 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, January 11, 2014
Wednesday, January 8, 2014
How do I go about getting a decreased modification of child support in westchester county, New York?
Q: Job assignment to a lower pay grade. Significant loss of overtime which was originally calculated in support order.
A: David's Answer: Get a letter from your employer confirming the lower pay assignment was not due to a request you made. Then file your petition for downward modification. In Westchester, such petitions are generally filed at 100 E First St., Mt. Vernon. For a full assessment, schedule a consultation with a Westchester Child Support attorney. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)
A: David's Answer: Get a letter from your employer confirming the lower pay assignment was not due to a request you made. Then file your petition for downward modification. In Westchester, such petitions are generally filed at 100 E First St., Mt. Vernon. For a full assessment, schedule a consultation with a Westchester Child Support attorney. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)
Downward Modification of Child Support: When will I find out if my ex files for a downward modification of child support?
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)
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)
Saturday, January 4, 2014
I threw my 18 year old child out because of drugs use, not going to school and risky behavior. Do I have to pay child support?
Q: She is living with her boyfriend and family.
A: David's Answer: Potentially yes, if she files a petition alleging she is not financially self-supporting. The issues on the case will be: (1) whether she has a job or is readily capable of obtaining one, and (2) whether she emancipated herself by virtue of her actions. In any event, I highly suggest that you schedule a follow-up consultation with a Westchester Child Support attorney. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)
A: David's Answer: Potentially yes, if she files a petition alleging she is not financially self-supporting. The issues on the case will be: (1) whether she has a job or is readily capable of obtaining one, and (2) whether she emancipated herself by virtue of her actions. In any event, I highly suggest that you schedule a follow-up consultation with a Westchester Child Support attorney. -- 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)
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)
Downward Modification of Child Support: When will I find out if my ex files for a downward modification of child support?
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)
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)
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)
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