Q: I have my first child support court date coming up soon. We never had any legal arrangment and were never married. I always gave her a good amount weekly that she was fine with until recently. I have several money order recipts that are from after the date she filed the petition. These recipts clearly are just small stubs with numbers on them. How can i prove to the court that they were written out to my ex and i wrote child support on them? Can the court find out by tracking the number or is that my responsibility ? I know i can request a photo copy of the original money order but then I'd have to mail in the original recipt and dont know if that would count against me in court to not have the original copy. Just want to make sure i get credit for all these.
A: David's Answer: First, you only get credit for payments dating back to her filing date anyway. Second, see if she'll agree to the amounts in court once you produce the money order receipts you have. If she doesn't, then seek an adjournment to get the receipts with the memo portion. -- 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.
Monday, February 24, 2014
Saturday, February 22, 2014
Can this money be taken in family court?
Q: I have a court date in a few days for child support court. I have to put down all my income, assets ect. Can they account for a settlement i got a few months ago from a serious injury that happened on the job at work? I thought this settlement was because i had to go through this traumatic injury and it was employers fault, i dont see why i would have to pay for my ex for it. Also my girlfriend lives with me and helps with bills , why do they want to know who lives w me and how much they make? Its me they want
A: David's Answer: Yes - as a general rule if its workers comp then this is considered income. If it's otherwise meant to pay your bills, etc. while you are out of work, then it's income. If you otherwise are being supported by someone, they may potentially impute income to you on that basis. Speak to a support lawyer in your area. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)
A: David's Answer: Yes - as a general rule if its workers comp then this is considered income. If it's otherwise meant to pay your bills, etc. while you are out of work, then it's income. If you otherwise are being supported by someone, they may potentially impute income to you on that basis. Speak to a support lawyer in your area. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)
How will court determine child support?
Q: I am awaiting a court date since my ex summonds me with child support. I know she works full time and i currently make 250/week gross and made 13000 last year and 20000 the year before. Im not sure what she makes but works at a restaurant and married to someone who works at some gas gas station. Any prediction of how much will be mandated for me to pay for 2 kids? Do they go by current income, last year or last 2 years? just predicting on how much to save to pay whats owed when ordered next month.And no im not a dead beat always have paid, just couldn't not workig the last 6 months due to recovering from major surgery.
A: David's Answer: If you worked full-time all last year & still only made $13,000, they will use that income & calculate 25% of your adjusted gross. If not, the Court may pro-rate the income as if you were working full time, all year. Another option is for the court to use current year income - but they usually only do that if at least 6 months have passed in that particular year. Speak further with a child support lawyer in your area. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)
A: David's Answer: If you worked full-time all last year & still only made $13,000, they will use that income & calculate 25% of your adjusted gross. If not, the Court may pro-rate the income as if you were working full time, all year. Another option is for the court to use current year income - but they usually only do that if at least 6 months have passed in that particular year. Speak further with a child support lawyer in your area. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)
Friday, February 21, 2014
For a new child support court case do i have to disclose information on a workers comp settlement?
Q: My ex and i have had a verbal agreement on child support payments but recently has served me with court paperwork for an unknown reason. I have proof of all payments and have never not paid. A few years ago i was severely injured on the job task and about 6 months ago received a fair settlement that i have put into savings. On the summonds it asks to put down all income assets etc. This is from an injury that my doctor claims a permanent 25% loss in my arm Hense why i got this money. Is this something i have to report to child support when court date happens? I cant afford a lawyer or I'd ask one.
A: David's Answer: Yes, you have to report it as to do otherwise would be to commit felony perjury. That said, merely because you have money in the bank doesn't mean this constitutes "income." Whether it's considered income or not may depend on whether that's your sole source of income & whether you're drawing upon it to pay living expenses. If so & perhaps to that extent it may be considered income. Speak further with a child support lawyer in your area. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)
A: David's Answer: Yes, you have to report it as to do otherwise would be to commit felony perjury. That said, merely because you have money in the bank doesn't mean this constitutes "income." Whether it's considered income or not may depend on whether that's your sole source of income & whether you're drawing upon it to pay living expenses. If so & perhaps to that extent it may be considered income. Speak further with a child support lawyer in your area. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)
Tuesday, February 18, 2014
Claiming a Child as a Dependent on Taxes
Q: My ex and I have a court agreement where we have joint custody which states that our child lives with me during the day and he is dropped of to her at night. For the last few years, we've adjusted our schedule so that he lives with us half the week each each. It's a true shared custody. Our support papers, custody papers and divorce decree do not specify which parent is entitled to claim our child in taxes. I am the higher wage earner and per the IRS, in shared custody situations, the parent with the higher income is allowed to claim the child. My ex just told me she just claimed our daughter. Can I fight this claim with the IRS? even though our custody and visitation papers are not reflective of what we have been practicing? I have her on email agreeing to the shared custody. Thank you.
A: David's Answer: I would not advise to fight this claim with the IRS. Instead, I'd advise to get a modified order which reflects that each of you will alternate the deduction on odd-even years. Speak further with a Westchester Child Support lawyer. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)
A: David's Answer: I would not advise to fight this claim with the IRS. Instead, I'd advise to get a modified order which reflects that each of you will alternate the deduction on odd-even years. Speak further with a Westchester Child Support lawyer. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)
How long does ex have to wait to ask for upward modification
Q: Our ex received upward modification last March for our son who turned 19 years old. How often does he have to wait to ask for another increase two or three years in NYS
A: David's Answer: I assume you mean "upward modification of support," as you had originally posted this under the "child custody" category. That said, the rule is every 3 years, unless beforehand there has been a substantial change of circumstances. 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 assume you mean "upward modification of support," as you had originally posted this under the "child custody" category. That said, the rule is every 3 years, unless beforehand there has been a substantial change of circumstances. Schedule a consult with a Westchester Child Support lawyer for a full assessment. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)
Saturday, February 15, 2014
On the temp. support papers it says to show the other party of any bills for my son do I text him or call him and tell my ex?
Q: We just went to court for visitation and we automatically got a temp order of support and now he has to pay me every week. I just got the papers in the mail and also a 400 medical bill for my son do I pay it and just bring the bill to the courts the next time we have to go or text it to him or just not say anything? He doesn't want to talk to me and thats why hes taking me to court and I know the courts are going to force him if he wants to see our son because he lives with me but do I say anything or no
A: David's Answer: The best way to handle it is to send the bills along with an itemized cover letter requesting his pro rata share. You should mail him bills like this on a monthly or bimonthly basis. Speak further with a child support lawyer in your area. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)
A: David's Answer: The best way to handle it is to send the bills along with an itemized cover letter requesting his pro rata share. You should mail him bills like this on a monthly or bimonthly basis. Speak further with a child support lawyer in your area. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)
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