Q: my ex is trying to get back child support for time I was incarcerated and in court ordered rehab...no one ever told me about a modification petition...is it too late to file one on those grounds?
A: David's Answer: Unfortunately for you, ignorance of the law is no defense. The Magistrate can only grant relief going back to your filing date. Speak to 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 23, 2014
Thursday, April 17, 2014
Is there really a deadline?
Q: I recently went to child support court since my ex summonds me. Theres been no court order at all before. There was a temp order made until i am back to work in 1 week. Her lawyer sent me a discovery demand letter and at the end threatened to send by a certain date or she will file a motion to get a court order to get the docs. I have nothing to hide but i will not have 2 pay stubs by her "deadline" date. I've called the lawyers office several times and left messages stating i would send what i have but will not have 2 pay stubs by then. I haven't got a call back at all. If the lawyer files a motion will it make me look bad? Can the lawyer get an order for personal docs from disability and my bank statements? I have nothing to hide just curious.
A: David's Answer: You cannot produce that which you don't have, so if all you have is 1 paystub, produce that & when you get the 2d one, produce it when you get it. And yes, a request for production of your disability documents & bank statements are reasonable requests. Speak to a Child Support lawyer in your area for more info. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)
A: David's Answer: You cannot produce that which you don't have, so if all you have is 1 paystub, produce that & when you get the 2d one, produce it when you get it. And yes, a request for production of your disability documents & bank statements are reasonable requests. Speak to a Child Support lawyer in your area for more info. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)
Child Support
Q: My daughter's father has not paid child support since november? CSEA just filed a violation of petition.
I have a court date coming up. I was wondering around what the fees would be if i hired a lawyer. I know you can't give me exact amounts but i was just looking for around about figure before i call any law offices
A: David's Answer: I'd suggest to use the "Find a Lawyer" tab on Avvo, as some lawyers post their fees on their profile page. If you call lawyers' offices, they should be able to give you a range or estimate on their prices before you come in. That said, if you're looking for a cheap lawyer, be forewarned: you generally get what you pay for. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)
I have a court date coming up. I was wondering around what the fees would be if i hired a lawyer. I know you can't give me exact amounts but i was just looking for around about figure before i call any law offices
A: David's Answer: I'd suggest to use the "Find a Lawyer" tab on Avvo, as some lawyers post their fees on their profile page. If you call lawyers' offices, they should be able to give you a range or estimate on their prices before you come in. That said, if you're looking for a cheap lawyer, be forewarned: you generally get what you pay for. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)
Saturday, April 12, 2014
Child Support
Q: Ex spouse signed settlement stipulation for child support. It is now fully executed. The party now wants to change the stipulation before it is entered into court for an order. Is this allowable? Also in stipulation we are each responsible for child's college tuition. She is taking out student loans against my wishes. Is the other party legally responsible for tuition if she wishes to take out loans?
Rephrased question: My ex and I both agreed to pay her college tuition with a SUNY Cap. My daughter lives with my ex and is taking out student loans to pay her tuition against my wishes since my ex and I agreed to pay it. Her tuition at the public college she attends is much lower than the SUNY cap. I believe my ex has convinced her to do this to get out of paying tuition. I also pay child support which should be used for her living expenses, so there is no need for her to tale out loans Can she do this? I have repeatedly asked for the tuition bill but have not received it? Are my ex and I obligated to pay tuition if my daughter takes out loans? How can I argue that my ex should be paying a portion of tuition as per our agreement rather than putting this debt on my daughter?
A: David's Answer: Preliminarily, it's not so easy an analysis as "most courts will not make parents pay for private college." The law may be different in other states (I don't know), but in NY, the analysis turns on the respective parties' ability to pay. If the respective parties have incomes to not only meet their basic expenses but ALSO contribute towards private education - and same was reasonably anticipated by the parties as an outcome for their child - then the courts may make the parents pay for private school. That said, the legal standard for modifying an agreement is generally "unanticipated change of circumstances." This means it's generally quite hard to change an agreement once it's executed. You're best advised to schedule a consult with a White Plains Child Support lawyer for a full assessment. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)
Additional information
A: David's Answer: Preliminarily, it's not so easy an analysis as "most courts will not make parents pay for private college." The law may be different in other states (I don't know), but in NY, the analysis turns on the respective parties' ability to pay. If the respective parties have incomes to not only meet their basic expenses but ALSO contribute towards private education - and same was reasonably anticipated by the parties as an outcome for their child - then the courts may make the parents pay for private school. That said, the legal standard for modifying an agreement is generally "unanticipated change of circumstances." This means it's generally quite hard to change an agreement once it's executed. You're best advised to schedule a consult with a White Plains Child Support lawyer for a full assessment. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)
How can I prove my sons mother is presenting fake paystubs for him she made to show his income?what happens after she is caught?
Q: My son has been working full time since he graduated.I filed for a termination.She had to give me copies of his pay stubs.I found a website with almost the same exact template for sale.I believe that she made the ones she gave me.
A: David's Answer: You would need to subpoena the actual paystubs from the employer. They would need to be properly certified by the employer. Schedule a consult with an Orange/Westchester Child Support lawyer for a full assessment. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)
A: David's Answer: You would need to subpoena the actual paystubs from the employer. They would need to be properly certified by the employer. Schedule a consult with an Orange/Westchester Child Support lawyer for a full assessment. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)
My child support can be reduced if I have a change in 15% or more in my income. Do I need an Atty or can I apply to the court
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)
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)
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)
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