Q: Currently owe $11,000 in back child support and i would like to know if its possible to sign over custody, let another man adopt my child, and sign an agreement with the mother that says i don't have to pay the back child support?
A: David's Answer: If the mother is in agreement with all that, then yes, it's certainly possible. Unless she consents, however, the Court cannot reduce or eliminate child support arrears. Speak to 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.
Thursday, February 13, 2014
Tuesday, February 11, 2014
My Ex Wifes Boyfriend filed taxes using our biological daughters socials. Can I fight this since it was without my consent?
Q: 1. My ex wife has full, sole and legal custody of our daughters. 2. They live in New York and I live in CA. 3. I am an active part of their lives to include visitation, gifts, costs etc. 4. I pay 25% of my income towards their support. 5. I pay over $2,500 in travel fees every year to have them come stay with me for the summer. 6. I had asked her to let me file them since I spend over $13,000 each year in their support and she stated to me that he did it without her consent on 02/01/2014.
She also informed me that she allowed him to file for her and our daughters in 2012 using the tax form for release or consent to file. I am not sure exactly the name of the form. She states that his tax attorney had it on file from last year and allowed him to file them again this year. If push comes to shove, I believe that she will state to the IRS that is was filed with her consent in order to maintain her relationship. Can I fight this?
A: David's Answer: If they are not domestic partners, then I don't see how he'd be allowed to claim her as a dependent (since he could not generally put your ex-W's name on his return). I'd suggest to file a support modification petition & ask for the Magistrate to direct that you get the deduction. Speak further with a Child Support lawyer in your area. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)
Additional information
A: David's Answer: If they are not domestic partners, then I don't see how he'd be allowed to claim her as a dependent (since he could not generally put your ex-W's name on his return). I'd suggest to file a support modification petition & ask for the Magistrate to direct that you get the deduction. Speak further with a Child Support lawyer in your area. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)
Saturday, February 8, 2014
I owe a lot of back child support due to being in prison. i have been paying it back for over a year.how can i get my license
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)
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)
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)
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