Q: My ex filed to review my income since I just got a new job. Will the support judge also review my ex's income? At the last hearing, the judge allowed us to exchange financial information. Does the judge typically allow us to do this again? Can the judge say no if I request a copy of her financial information? If you also have any advice for this hearing, I greatly appreciate it . Thank you in advance.
A: David's Answer: Generally the CP's income won't affect the amount of child support, unless the combined parental income exceeds $136,000. That said, there's a formal way of asking for financial documentation, so merely "asking for it" of the Magistrate may not do it. Schedule a consultation with a Westchester Child Support lawyer 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.
Wednesday, January 15, 2014
Saturday, January 11, 2014
My ex wife won't write a statement that I pay child support, I give her cash. That's all I need for my swear in appt.
Q: I'm a former marine from queens ny. I got a month to get that statement. Can I do something else ? Will me showing up and explaining that to ins work.
A: David's Answer: If you pay pursuant to an order, that should be sufficient. If you pay informally, then you'll need to either give her money orders from now on or else get receipts from her. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)
A: David's Answer: If you pay pursuant to an order, that should be sufficient. If you pay informally, then you'll need to either give her money orders from now on or else get receipts from her. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)
Can I get another court date when I appear in court for a child support hearing because I don't have an attorney yet?
Q: I got a letter 3 days ago to appear in court on 1-9-13 for child support I am behind on. I need to find an attorney when I show up on the 9th with out an attorney my I request another date so I may bring an attorney the next date if the 2nd date is agreed to be given to me.
A: David's Answer: Generally the court will can 1 adjournment to each side in order to hire an attorney or some such similar reason. That said, if it's a violation case, the Court generally assigns counsel so long as you financially qualify. Speak further with a Child Support lawyer in your area. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)
Is FICA included when calculating child support payments
Q: I am trying to estimate what child support payment will be. I know my child support will be based on my gross salary. I was under the assumption that FICA is a deduction excluded from gross salary when calculating child support. Is FICA medicare and social security excluded from child support or just medicare.
A: David's Answer: Yes, FICA, Medicare and social security taxes are statutory deductions from gross income before applying the child support percentages (17% for 1 child, 25% for 2 children, etc.). Speak further with a Child Support lawyer in your area. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)
A: David's Answer: Yes, FICA, Medicare and social security taxes are statutory deductions from gross income before applying the child support percentages (17% for 1 child, 25% for 2 children, etc.). Speak further with a Child Support lawyer in your area. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)
18yrs of age-Senior in HS - will support continue for college years & is father resp for college?
Q: My daughter just turned 18 - senior in high school. will her father be responsible for any college money and will he have to pay support to me as long as she is in college? i didn't see anyting in the divorce papers regarding college so if i need to return to court would it be support or something else? or is it automatic that support continues as long as she is in college?
A: David's Answer: Yes, generally basic support continues until she's 21 unless otherwise emancipated. You would need to file a petition requesting that the father pay additionally towards college. Usually the Magistrate will look at what amount he has left over to contribute after subtraction of the basic order as well as his basic living expenses. Speak further with a Child Support lawyer in your area. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)
A: David's Answer: Yes, generally basic support continues until she's 21 unless otherwise emancipated. You would need to file a petition requesting that the father pay additionally towards college. Usually the Magistrate will look at what amount he has left over to contribute after subtraction of the basic order as well as his basic living expenses. Speak further with a Child Support lawyer in your area. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)
CHILD SUPPORT - HOW LONG IS IT TAKING TO RECEIVE A DECISION IN FAMILY CT - WHITE PLAINS RE: CHILD SUPPORT FROM SUPT MAGISTRATE?
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)
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)
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)
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