Q: kids are 18 17 and 14 and will live with both of us going back and forth between the 2 homes. husband makes a lot more money then I do
A: David's Answer: Here's the issue regarding child support - if you leave & the children are still residing in the marital residence 51% or more of the time, then your husband will be the custodial parent for support purposes. This means you will pay child support to him - even if you see the children almost as much as he does. Schedule a consult with 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.
Wednesday, April 2, 2014
In NYS Family Court (child Support) what can be done when fraud of income can be proven?
Q: My daughter father established a phony self employed business which I can prove doesn't exists. His state requires a licensee for the type of work. He provided tax returns that reflect the business make a small profit after deducting the "business" insurance, vehicle etc expenses. Along with his finical statement during the last hearing. He is below poverty level. I can prove that he has been working for a relative for many years that this was done to avoid support. If successfully proven can legal fees as well as other moneys owed due to the fraud be recouped. I have other grounds for a modification on top of the fraud.
A: David's Answer: Yes, but to apply for fees you need to have a lawyer - thus incurring the fees in the first place. As for the cases of same being granted, it depends in part on the level of "proof" you have. 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: Yes, but to apply for fees you need to have a lawyer - thus incurring the fees in the first place. As for the cases of same being granted, it depends in part on the level of "proof" you have. Schedule a consult with a Rockland/Westchester Child Support attorney for a full assessment. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)
Saturday, March 29, 2014
If my parental rights to my children are taken away am i still liable paying g arrears or current child support payments
Q: Change of custody
A: David's Answer: If your parental rights are terminated, you may file a petition to terminate child support. Arrears may not be cancelled however. Please be sure you're distinguishing between a mere change of custody & an actual termination of your parental rights by CPS. Consult a Child Support attorney in your area. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)
A: David's Answer: If your parental rights are terminated, you may file a petition to terminate child support. Arrears may not be cancelled however. Please be sure you're distinguishing between a mere change of custody & an actual termination of your parental rights by CPS. Consult a Child Support attorney in your area. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)
I'm ordered to pay 50% in daycare costs however the daycare provider is my ex's sisters, how do I know the rates are proper?
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)
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)
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)
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