Q: I want to modify my child support monthly payment amount since I can no longer able to maintain my current basic expenses (rent, food, car payment) and keep up with the demands of the child support payments. I want to know what I can expect from the court and if this is a valid concern that would help me lower the payments just a little bit below the standard percentage that's apply to everyone (ie I pay 25% for two kids and I want to lower my payments to about 22% or 20%). Again, I'm struggling to make ends meat and this is the reason for trying to lower the payments but want to make sure I take all the necessary backup if needed.
A: First, the Court cannot generally change the percentage, unless the combined parental income exceeds $141,000 (as of 2014). Second, how likely the court will reduce the support may depend more on how substantial a decrease of income you've had & the reasons for the decrease. Third, I'd need to know whether the original support was done pursuant to a stipulation of settlement or mere order - and whether it's more than 3 years old. You're thus best advised to 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.
Thursday, February 13, 2014
Am i suppose to send back child support paperwork from a private lawyer or wait til i get my own lawyer?
Q: I have always paid child support through verbal agreement with my ex. I recently have been out of work and get surgery next week. I get very little from disability and my ex thinks im lying about so yesterday she had me summoned for child support. I have surgery next week so will have to try to get it adjourned or ill be getting wheeled in. All these
Papers i was given dont make sense and the last page is all my income, assets , etc. i want to know are any of these forms something i have to fill out and send to the court or are these copies of standard court papers that her lawyer wants to use against me? I will seek counsel if they offer me a public defender since i have no money or assets but will they appoint me one or is that only with a criminal offense?
Papers i was given dont make sense and the last page is all my income, assets , etc. i want to know are any of these forms something i have to fill out and send to the court or are these copies of standard court papers that her lawyer wants to use against me? I will seek counsel if they offer me a public defender since i have no money or assets but will they appoint me one or is that only with a criminal offense?
A: David's Answer: It's hard to say exactly what to do with the documents since I can't see what you have. I presume you were given a financial disclosure affidavit - if that's what you're referring to, then yes, you must completely fill it out & have it notarized. You're best advised to call a Child Support lawyer in your area - many lawyers give either a free or low-cost initial consult. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)
Is there any way to get rid of back child support?
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)
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)
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)
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