I have two kids who were living with there mom i was paying her support my youngest moved in with me can i get support from her

Q:  i have two kids who were living with there mom i was paying her support my youngest moved in with me can i get support her mom

Additional information

 

she makes 50 plus a year i make about 15 a year

A:  David's Answer:  Yes - generally in a split custody situation the court will order her to pay you support based on her income for the child in your care & vice versa. Speak to a Child Support lawyer in your area. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)

My ex husband has dodged paying his child support for many years now. He has many bench warrants, bought a house and it was fo

Q:  he bought a house it was foreclosed on. Why didn't child support collection unit do anything. He has been able to do this for many years now. Hiding any monies under his new wife's name. There has got to be something I can do. He should be put in jail. Since he is out of jurisdiction they do nothing. Why wasn't his drivers license pulled. etc....


A: David's Answer:  You may actually need to proceed on the case yourself, as opposed to relying on SCU. For instance, you can give the money judgment to a debt collector. You may also wish to consider retaining an attorney to help you.  -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)

I have court on 1/9/13 for back child support not paid from a court order back in febuary. Can i request for an ajournment?

Q:  my ex is taking me back to court on 1/9/13 for back child support that i have been unable to pay from a non jury trial that her and i agreed to defend ourselves because neither of us could afford an attorney so the judge decided in her favor with a high weekly child support payment court order back in febuary / march time frame. ive been unable to pay it except for a $1,000.00 from a lottery winning that the state is still holding up for processing. Can i request for an ajournment on the 9th so i may get an attorney to fight this? or will they refuse because its from a prior court order that i have not followed through with? or will they arrest me? PLEASE HELP


A:  David's Answer:  You should be able to get 1 adjournment in order to hire an attorney. Better move is to ask the court to assign you a lawyer - if you hire & pay for one on your own, the Judge will wonder why you're not using that money instead to pay the back support. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)

CP filed to review my income since I got a new job. Will CP income also be reviewed?

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)

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)

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)