Q: my ex has been dodging the SCU for over 20+ years now and I really need some money from him. He either skips town or quits his job so this way I cannot collect from him. How was he able to buy a house and the SCU did nothing to stop this. I could have gotten his down payment. He owes me well over 90,000.00 and the last money I got from him was $10.00 every 2 weeks that they garnished from him. He is hiding money some where. Someone please tell me what I can do to make this sperm donor pay
A: David's Answer: Very few lawyers will work for free, but you can shop around. If you file an enforcement petition, the court can also incarcerate him for up to 6 months, in addition to other remedies you may have. Speak to a Child Support attorney 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
Is there anyway I can go after my exhusbands new wife for any back child support? He is hiding any monies under her name
Q: He remarried approx. 8 yrs ago. Since then they bought a new house (which has now been foreclosed on) as well as a wedding with over 150 guests. How could the support collection unit allow him to buy a house????? He is obviously is hiding money under her name as well as working off the books!!!!! I am completely frustrated, I live hand to mouth and am now disabled and on a fixed income. I really need some money my medications cost me over $1000.00 per month!! I need help
A: David's Answer: Yes, it's possible. First you need to obtain a money judgment for the arrears. Then you'll need to commence a separate action in Supreme Court, suing his wife under a little-used legal doctrine called "necessities." In a nutshell, it alleges that a spouse may be legally liable to creditors for the debts of the other spouse. Speak further with a Child Support lawyer in your area. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)
A: David's Answer: Yes, it's possible. First you need to obtain a money judgment for the arrears. Then you'll need to commence a separate action in Supreme Court, suing his wife under a little-used legal doctrine called "necessities." In a nutshell, it alleges that a spouse may be legally liable to creditors for the debts of the other spouse. Speak further with a Child Support lawyer in your area. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)
What form do I fill out to request an emergency temporary modification of child support in family court?
Q: What form do I fill out to request a temporary emergency modification of child support? Do I have to do an order to show cause (supported by an affidavit) to get enough money to take care for the child until the trial 6 months from now? Grounds: dad grossly understated his income by over 600% on 2009 order, both parties have has more than 15% change in income, child's needs not met by current order, we suddenly/unexpectedly fled dad's house due to his drug relapse, and he has stopped paying all her customary expenses. Her lifestyle has since fallen from high to poverty-level. I will file the temporary order at the same time as I file a regular petition for upward modification. Please advise on proper papers to fill out to get quick results given child's post-dissolution concomitant need.
A: David's Answer: My question is: trial on what? If you filed a support modification petition & the earliest date the court gave you is 6 months from now, then that's the earliest date & you can't speed it up. If you have a divorce case pending, then yes, you can file an order to show cause seeking interim modification pending trial. Speak further with a Child Support lawyer in your area. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)
A: David's Answer: My question is: trial on what? If you filed a support modification petition & the earliest date the court gave you is 6 months from now, then that's the earliest date & you can't speed it up. If you have a divorce case pending, then yes, you can file an order to show cause seeking interim modification pending trial. Speak further with a Child Support lawyer in your area. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)
Is a court order needed to stop paying child support or can i just stop paying when my son is 21 next month?
Q: I went 2 years ago when my other son turned 21 but that was to get it reduced, now my younger son is 21 next month.
A: David's Answer: Unless there is a valid written agreement extending support beyond 21, then you can just stop paying. If there is a garnishment & it doesn't stop, then ask your employer to stop sending in the money & immediately file a petition in Family Court to terminate the garnishment. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)
A: David's Answer: Unless there is a valid written agreement extending support beyond 21, then you can just stop paying. If there is a garnishment & it doesn't stop, then ask your employer to stop sending in the money & immediately file a petition in Family Court to terminate the garnishment. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)
Child support for my son ceases when he reaches the age of 21.
Q: the order simply states that we are to share medical premiums 50/50 but doesn't state when it ceases. is it implied that it will cease as the same time as child support?
A: David's Answer: Yes, unless there is a stipulation of settlement providing otherwise, basic support as well as the "add-ons" (medical & educational) end at age 21. Speak further with a Child Support lawyer in your area. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)
A: David's Answer: Yes, unless there is a stipulation of settlement providing otherwise, basic support as well as the "add-ons" (medical & educational) end at age 21. Speak further with a Child Support lawyer in your area. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)
Valid Reasons for reducing child support payment
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)
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)
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)
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