Q: Its in my agreement
A: David's Answer: You are (almost) always better off having an attorney than not having one. Merely because you've had a change in your income only allows the modification to be filed - it does not guarantee the actual order will be modified. You're best advised to 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
Confused about what happens with child support , when one of my children come move with me ?
Q: I'm a non custodial parent of 2 children 13 & 17, I pay 900.00 a month in child support to their mother. My son turns 18 in April and will be moving with me. what action are required to reduce the percentage and will the mother have to contribute toward my 18 year who will be living with me. And if so does any of that amount just get deducted from the amount that I give her for my other son staying with her. Also my medical insurance has increase from 52.00 a week to 155.00. I do have my current wife and daughter on the insurance also. Will judge consider my increase in insurance to the amount of support I'm ordered to pay. Mother only works part time job, making approx. 10.00 an hour.
A: David's Answer: You would need to file a modification petition upon the change of custody - in addition to a separate petition asking for a support order in your favor. The court is likely to do an "off-set," meaning just one order giving you credit off your order for the amount the mother would otherwise pay to you in support. Moreover, you need to get a letter from the insurance company showing the additional amount you're paying (or will be paying upon the increase) to cover the child. The Court should also give you a credit for that, but needs the letter in order to do so. Speak to a Child Support lawyer in your area. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)
A: David's Answer: You would need to file a modification petition upon the change of custody - in addition to a separate petition asking for a support order in your favor. The court is likely to do an "off-set," meaning just one order giving you credit off your order for the amount the mother would otherwise pay to you in support. Moreover, you need to get a letter from the insurance company showing the additional amount you're paying (or will be paying upon the increase) to cover the child. The Court should also give you a credit for that, but needs the letter in order to do so. Speak to a Child Support lawyer in your area. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)
I am paying only child support for my 2 kids. I am having a baby with my fiancé who doesnt work. Can I get my support modified?
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)
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)
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)
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