Q: I was just ordered to pay 50% in daycare costs for my child. However, the daycare provider is my ex's sister. The affidavit she filled out for her financial disclosure for courts show the amount. What if she has her sister change the amounts now because she knows I have to pay 50%? Is there anything I can do? Please don't tell me to ask my attorney cause she is all about women's rights not fathers rights. And I am a father.
A: David's Answer: You're entitled to see proof of both (a) receipts AND (b) payment by the mother. Demand both. Ultimately if you see they're "gaming the system," file a modification petition. Consult 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, March 29, 2014
My ex wife pays me child support 225 a month plus n additional 25 because she was in the arrears o the judge added the 25 to go
Q: the arrears. Now since Oct she had a stroke and now only pays half as she is on medical leave. My question is if I take her to court for the new arrears but not the previous arrears she still owes does the judge wipe out the new arrears because she was unable to work because f her stroke or does the among continue to go up and but she des not have to lay it now, or does the nudge wipe out the judge wipe out the full amount of the new arrears. The previous arrears stays the same but what about the new arrears.
A: David's Answer: Arrears cannot be cancelled. If your ex does not file a downward modification petition, then arrears are enforceable through the date of your hearing. Schedule a consult with a Child Support lawyer in your area. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)
A: David's Answer: Arrears cannot be cancelled. If your ex does not file a downward modification petition, then arrears are enforceable through the date of your hearing. Schedule a consult with a Child Support lawyer in your area. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)
My sons father is self employed I can prove he has hidden his income. What can be done to make him pay?
Q: I am fairly confident I can prove for over 10 years this has been going on. If i can prove it what can the court do to make him pay for all those years he claimed income of $12,000? Can they impose some type of penalty that would punish him for falsifying documents as well as make him pay? I have already done all the subpoenas but not sure what to ask for on the petition for a modification. I want to hire a lawyer at some point but can't afford it for the whole thing. I have been building my case but haven't filed as of yet. I also want to ask for legal fees of course.
A: David's Answer: Your implied question is whether you can get the support retroactive for the 12 years - you cannot. By statute, you may only get child support going forward. Implicitly, the law says you conceivably had the ability to discover his "true" income at the time, but did not employ those efforts at that time. You should indeed schedule a consultation with a Rockland/Westchester Child Support attorney for a full assessment. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)
A: David's Answer: Your implied question is whether you can get the support retroactive for the 12 years - you cannot. By statute, you may only get child support going forward. Implicitly, the law says you conceivably had the ability to discover his "true" income at the time, but did not employ those efforts at that time. You should indeed schedule a consultation with a Rockland/Westchester Child Support attorney for a full assessment. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)
Monday, March 24, 2014
LEASE FRAUD TO REDUCE CHILD SUPPORT- I'M reposting and rewording my last question. details below
Q: we are doing a modification on child support based on overnights starting in addition to the child's father's coop being rented which counts as additional income. BUT he argues that there is no additional based on the lease agreement because after mortgage, coop fees and utilities are paid, there is no profit. I understand the fees and mtg BUT I am arguing the utilities cuz it varies and it's not mandatory. He's obviously just trying to reduce his child support. BUT In addtion, when asked to provide a copy of this lease agreement, he sends 2 different ones by accident. Isn't that fraud?? He argues one is just a different version for the tenant's employer to pay. Thoughts?
A: David's Answer: If the father has a downward modification petition pending, I'd be more interested in what he states is his basis for relief. As for payment of mortgage v. utilities, that's really discretionary with the Court. As for the lease agreement(s), would need to actually review them to provide a definitive opinion. Schedule a consult with a Child Support lawyer in your area. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)
A: David's Answer: If the father has a downward modification petition pending, I'd be more interested in what he states is his basis for relief. As for payment of mortgage v. utilities, that's really discretionary with the Court. As for the lease agreement(s), would need to actually review them to provide a definitive opinion. Schedule a consult with a Child Support lawyer in your area. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)
Wednesday, March 19, 2014
Is my husband obligated to continue paying 2000 a month in Child Support although he lost one job& works still over 40hrs a wk?
Q: My husband had 4 jobs. He lost one job. He was making $100,000 a year. In addition he works over 40 hrs a wk still. His child support was based on $125,000. He currently makes over 80,000 but less than 100,000. He currently pays $2000 a month in child support.
A: David's Answer: The answer to your question depends in part on what he lost the 1 job. If he can document that he lost the job through no fault of his own, then he should qualify for a reduction. Schedule a consult with a Child Support lawyer in your area. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)
A: David's Answer: The answer to your question depends in part on what he lost the 1 job. If he can document that he lost the job through no fault of his own, then he should qualify for a reduction. Schedule a consult with a Child Support lawyer in your area. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)
My ex husband voluntarily was giving me more child support for the past 28 months. now that he retired he said he's going back
Q: to the original 17% which was 296.00 per month he voluntarily gave up the amount because he was being promoted and did not want to pqay the higher C/S i'm sure his lawyer told him to do so. what can i do . right now he said he's still looking for a job, but i do not trust him
A: David's Answer: The answer depends in part on how long ago the agreement was done, as well as the basis for modification. If his income has substantially increased since the date of the agreement, and assuming the legal standard of "substantial change of circumstance" applies, then you should be able to petition for an increase. But as the answer to your question can turn on several facts being specified, you're best advised to schedule a consult with a Putnum/Westchester Child Support lawyer. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)
A: David's Answer: The answer depends in part on how long ago the agreement was done, as well as the basis for modification. If his income has substantially increased since the date of the agreement, and assuming the legal standard of "substantial change of circumstance" applies, then you should be able to petition for an increase. But as the answer to your question can turn on several facts being specified, you're best advised to schedule a consult with a Putnum/Westchester Child Support lawyer. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)
Subpoena family court support do they have to be signed by magistrate and does other party need to be copied?
Q: Other Party sent many letters and fax disparaging me to the magistrate. They were not refuse nor returned they were read and made part of the file. I leaned of one of the letters that as sent and asked her to recluse her self she refused stating she never read it but them refers to the contents in the proceeding. I viewed the file to find many letters and faxes very similar along with 12 subpoenas that I was never copied on. I want to file a complaint have it removed from her and be able to re-argue the case for support.
A: David's Answer: To make a proper record, you'd need to file a formal motion asking that she recuse herself. The initial ruling would be by her - if she refuses to recuse herself, get a court order from her denying your application & file an Objection appeal. Be sure to order a copy of the transcript of each hearing date. Schedule a consult with a Rockland/Westchester Child Support attorney for a full assessment. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)
A: David's Answer: To make a proper record, you'd need to file a formal motion asking that she recuse herself. The initial ruling would be by her - if she refuses to recuse herself, get a court order from her denying your application & file an Objection appeal. Be sure to order a copy of the transcript of each hearing date. Schedule a consult with a Rockland/Westchester Child Support attorney for a full assessment. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)
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