Q: It states I pay for the co-pays first and he needs to pay me back and he owes me over 400 dollars. then for college we went to visit one and I sent him the bill on that and he has not paid me on that either.
A: David's Answer: Send an itemized letter via certified mail, return receipt along with the bills he owes (so you can prove he received them. If he fails to pay, then file a violation petition. If you original order did not include his share of college, then you'll need to file a modification petition to ask that he pay those expenses. 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.
Sunday, January 26, 2014
Saturday, January 18, 2014
Child support/back pay
Q: i have a dept of back pay just back pay owed to child support and got back with the mother i am taking care of my kids but they are taking to much money out of my check every week and i cant support my family because of it what paper work do i file or steps do i take to get that amount taken reduced
A: David's Answer: I'm not sure I understand your question, but assuming you're asking about how to reduce arrears owed to DSS, you cannot. The only thing you can do is attempt to work out a different payment plan with SCU. You'll need to go to their office at 110 E. 1st St., Mt. Vernon. Schedule a consult with a Westchester Child Support lawyer for a full assessment. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)
A: David's Answer: I'm not sure I understand your question, but assuming you're asking about how to reduce arrears owed to DSS, you cannot. The only thing you can do is attempt to work out a different payment plan with SCU. You'll need to go to their office at 110 E. 1st St., Mt. Vernon. Schedule a consult with a Westchester Child Support lawyer for a full assessment. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)
Mother wants to claim child for the second year in a row?
Q: Our child is been the breaking point between us. We don't get along , we fight constantly on irrelevant topics and we tend to only get along When it benefits her. Her up coming tricks is to claim our child a 2nd time. We both have joint physical legal custody w/o placement until she is of age to attend school. Before the court order we had been separated with joint custody after the court agreement we had the above. Before the courts intervened she changed her medical insurance without my consent. After that she still has her insurance set as the same one. She does not notify my of appointments or bills and both of us gross the same. We both have her about 50 / 50 and she says she is claiming her and I have no right. My counsel says go for it. And she agreed in court but verbally? Thanks!
A: David's Answer: I'm not sure what your counsel is recommending you do, but I'd recommend to file a modification of the prior (assumed) child support order to get the Magistrate to grant you the alternate years deduction. Speak to a Child Support lawyer in your area. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)
A: David's Answer: I'm not sure what your counsel is recommending you do, but I'd recommend to file a modification of the prior (assumed) child support order to get the Magistrate to grant you the alternate years deduction. Speak to a Child Support lawyer in your area. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)
Do I have to get a "motion" to have a court clarify an order that was granted to me specifying arrears for child support?
Q: divorce proceedings: Child Support servcs. requesting exact amount and start date to garnish monies owed in arrears. Husband is disputing monies owed in past arrears. lawyer says I have to put a motion in order to get that clarification letter from the judge, and claims will take months. Is there a quicker way so they can take current support and arrears support?
A: David's Answer: It would probably be a "motion to renew/reargue." I'm not aware of any other way to get "clarification" from the Judge. Speak to a Child Support lawyer in your area. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)
A: David's Answer: It would probably be a "motion to renew/reargue." I'm not aware of any other way to get "clarification" from the Judge. Speak to a Child Support lawyer in your area. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)
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
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)
Additional information
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)
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)
Wednesday, January 15, 2014
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)
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)
Subscribe to:
Comments (Atom)