Q: i need to know what i can do
A: David's Answer: DMV may give you a work-restricted license. If they deny same, then you can file a petition in Family Court & ask the Magistrate to order DMV to give you a work-restricted license. Speak further with a Child Support lawyer in your area. -- 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, February 8, 2014
I have received court pepper saying that I'm being violated for non payment of child support. It is going to he my first time
Q: Appearing on this violation. It says if the court thinks I willfluy did not pay they can lock me up for up to 6 months. What happens? Will I be autmaticly sent to jail that day? I owe a total of 1000 I am not working and am currently 7 months pregnant I have gotten 500 from my partner if I pay that to them on the court date will they still lock me up
A: David's Answer: First, you should keep a job search diary of all your efforts to find work. The Court will usually expect 30-40 efforts each week. Second, you should obtain documentation proving you lost your last job through no fault of your own. Finally, I'd advise to file a downward modification petition. If you do all these things & pay the $500 I think it's very unlikely you will be locked up. You should speak further with a Child Support lawyer in your area. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)
A: David's Answer: First, you should keep a job search diary of all your efforts to find work. The Court will usually expect 30-40 efforts each week. Second, you should obtain documentation proving you lost your last job through no fault of your own. Finally, I'd advise to file a downward modification petition. If you do all these things & pay the $500 I think it's very unlikely you will be locked up. You should speak further with a Child Support lawyer in your area. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)
Thursday, February 6, 2014
Child support whoas Help!!
Q: I owe arrears in child support and are trying hard to work out paying them off but they are refusing to give me a reasonable amount monthly to pay back. Secondly they are charging me support but for the last 4 years I have had had full custody of my daughters . Went to court today and they are refusing to stop enforcement from four years back . They are now stating they need the mother in court. Please help tell me what I'm doing wrong ...
A: David's Answer: The issue is that they aren't obligated to work out a payment plan with you in the first place - they technically can take out up to 50% of the order (in some cases up to 60%) to satisfy the arrears. Moreover, the reason the Magistrate needs the mother in court is that she'd need to admit the child was with you - and even then its only discretionary (not mandatory) that the arrears be waived for that period. Speak with a Child Support lawyer in your area. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)
A: David's Answer: The issue is that they aren't obligated to work out a payment plan with you in the first place - they technically can take out up to 50% of the order (in some cases up to 60%) to satisfy the arrears. Moreover, the reason the Magistrate needs the mother in court is that she'd need to admit the child was with you - and even then its only discretionary (not mandatory) that the arrears be waived for that period. Speak with a Child Support lawyer in your area. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)
WHAT STATE COURT CAN ORDER THE CHILD SUPPORT AGENCY TO REFUND ME THE $25, 000.00, I OVER PAID IN CHILD SUPPORT ARREARS?
Q: Since Feb 2000 to March 2013, my salary was garnished in where I owed the amount of $34,743.97 in child support arrears. From 2000 to 2006 the Child Support Enforcement Agency seized my IRS tax refunds, savings and checking bank accounts, State tax refunds, & Motor Vehicles license plates refunds. In 2007 when I was in family Court emancipating my daughter, the CSEA illegally seized my two(2) weeks salary of $1,309.00 from my savings and checking accounts and the (the S/M judge ignored me when I informed him). The CSEA with unsigned warrants in 2011 and 2012 temporary detained me and illegally seized two(2) of my vehicles from my driveway, when I was paying the amount $476.00 a month for child support arrears. Since Feb 2000 to Mar 2013, I have paid $62,655.41 in child arrears.
A: David's Answer: You would be best advised to get an "Account & Records" statement from SCU showing what they say was owed, what they say was collected from you, and what funds, if any, were (as yet) undispersed to the CP. If they received the updated orders and wrongfully failed to update their garnishments, then it's possible you can file an Art. 78 action against them in Supreme Court. Part of the issue there will be why you did not act sooner to formally petition them to amend their garnishment (if you didn't). If the allegation is that the CP wrongfully collected the funds, you may need to sue him/her in civil court. Schedule a consult with a Child Support lawyer in your area. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)
A: David's Answer: You would be best advised to get an "Account & Records" statement from SCU showing what they say was owed, what they say was collected from you, and what funds, if any, were (as yet) undispersed to the CP. If they received the updated orders and wrongfully failed to update their garnishments, then it's possible you can file an Art. 78 action against them in Supreme Court. Part of the issue there will be why you did not act sooner to formally petition them to amend their garnishment (if you didn't). If the allegation is that the CP wrongfully collected the funds, you may need to sue him/her in civil court. Schedule a consult with a Child Support lawyer in your area. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)
In a 50/50 shared custody situation, which parent can claim the child when filing taxes.
Q: Since I am the higher earner, I pay support to my ex even though we have shared custody.
Thank you.
A: David's Answer: If you and the other parent have the child EXACTLY 50% of the time, then you should get the deduction. That said, I'd advise to communicate your intentions to the other parent to avoid both of you taking the deduction (which may trigger an audit for either or both of you). If there is any dispute, file a petition with the Family Court. Speak to a White Plains Child Custody lawyer for a full assessment. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)
Thank you.
A: David's Answer: If you and the other parent have the child EXACTLY 50% of the time, then you should get the deduction. That said, I'd advise to communicate your intentions to the other parent to avoid both of you taking the deduction (which may trigger an audit for either or both of you). If there is any dispute, file a petition with the Family Court. Speak to a White Plains Child Custody lawyer for a full assessment. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)
Thursday, January 30, 2014
I am divorced from my husband, we have a 5 year old child with special needs. Is he required to pay child support for a healthy
Q: adult daughter in NJ that has been going to college parttime for over 6 years and is now 23 years old and works full time? She has gone to three differnt colleges and drops out and then begins again.
A: David's Answer: No, he would not generally be obligated to pay support for a child over 21 unless otherwise provided for in a valid, written agreement. Is the 23yo a child you & he share? How do you (or he) believe it to be relevant at this juncture? Schedule a consultation with a Westchester Child Support lawyer for a full assessment. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)
A: David's Answer: No, he would not generally be obligated to pay support for a child over 21 unless otherwise provided for in a valid, written agreement. Is the 23yo a child you & he share? How do you (or he) believe it to be relevant at this juncture? Schedule a consultation with a Westchester Child Support lawyer for a full assessment. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)
NCp court ordered garnishment is Overpaying child support , will I have to reimburse for overpayments?
Q: There is a set amount for child support and a set amount for day care. He is currently in 5k arrears. But For a year and a half he has been overpaying since our child is not in Full time daycare. He also is supposed to be pay half he medical and never does. I have tried to modify but was informed by child support not to and to let him ask for modification. If and when he does will I owe him the overpayments or will it come off the arrears? Or will the overpayments start only from the day he files?
A: David's Answer: If the order otherwise requires him to pay the medical expenses, and he does not, then his overpayments will likely offset the medical expenses he owes you. That said, you should send him the bills/receipts for same to ensure they're enforceable. Speak to a Child Support lawyer in your area. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)
A: David's Answer: If the order otherwise requires him to pay the medical expenses, and he does not, then his overpayments will likely offset the medical expenses he owes you. That said, you should send him the bills/receipts for same to ensure they're enforceable. Speak to a Child Support lawyer in your area. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)
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