Q: Paying only child Support and we live in NY
A: David's Answer: Generally you cannot get a reduction. The first children to win the race to the courthouse get the first cut of your income. Each subsequent child you have gets a lesser & lesser percentage of your income. It's a built-in disincentive to discourage people from having children they cannot afford. Even if you were to try filing a petition for modification on the basis you present, a necessary element of same would be your fiancé's ability to earn income - regardless of whether she's actually earning same or not. Schedule a consult with a Dutchess/Westchester Child Support lawyer 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.
Saturday, April 12, 2014
Support magistrate was given letters disparaging me request her to recluse herself and she refused stating she didn't read them.
Q: Turing here she revered to the contents of letters written disparaging me a few times. When si reviewed the file I found many letters many of which I was never copied on along with a copy of s past divorce in a different court fiffernet last name in the file. I think the out come should be void and want a change of venue as the other magistare will know that it was transferred for that reason. What steps do I need to take?
A: David's Answer: More facts would be needed as to how the letters got there & in what way the Magistrate referred to them. Generally your remedy is to file an Objection appeal and ask the Judge to overrule the Magistrate. Speak to a Child Support lawyer in your area. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)
A: David's Answer: More facts would be needed as to how the letters got there & in what way the Magistrate referred to them. Generally your remedy is to file an Objection appeal and ask the Judge to overrule the Magistrate. Speak to a Child Support lawyer in your area. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)
Retroacting child support back a year?
Q: . Can a judge retroact back a year? She saying she can not reimburse me back a year of my daughter not living there cause i did not file court paper but i just found out recently my daughter was not living at her mom. She also stated my letter from the ex boyfriend was just a he/she said letter.
Don't you think that proof and evidence that my daughter was living at boyfriends and not moms house. I had them notarized the letter too. Also the judge state that my daughter could be living at boyfriends house 95% of time and 5% at moms and she could still collect child support is that true?
So the judge is still making me pay child support. Can you help me figure out what i would be paying in child support
A: David's Answer: If the child is not living with you, then the issue is NOT one of termination of child support. The most you can get accomplished under such circumstances is a change-of-payee. In other words, if your contention is that the child is really living at the grandmother's house, then the most you can accomplish is to have payments go to the grandmother & not the father. If you object to where the child's living, then you'll need to file a custody modification petition. Schedule a consult with a Child Support lawyer in your area. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)
Don't you think that proof and evidence that my daughter was living at boyfriends and not moms house. I had them notarized the letter too. Also the judge state that my daughter could be living at boyfriends house 95% of time and 5% at moms and she could still collect child support is that true?
So the judge is still making me pay child support. Can you help me figure out what i would be paying in child support
A: David's Answer: If the child is not living with you, then the issue is NOT one of termination of child support. The most you can get accomplished under such circumstances is a change-of-payee. In other words, if your contention is that the child is really living at the grandmother's house, then the most you can accomplish is to have payments go to the grandmother & not the father. If you object to where the child's living, then you'll need to file a custody modification petition. Schedule a consult with a Child Support lawyer in your area. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)
Wednesday, April 2, 2014
If I leave my house is that consider abandment? and will have to pay child support
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)
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)
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)
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