Q: I need a consult with an attorney that has this experience. Please contact me if you do.
A: David's Answer: You may call my office at 914-468-0968 to schedule a consultation so I may fully evaluate your case. -- 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
How do you write a petition?
Q: My boyfriend is from California but lives in NY now. He has one child but is paying child support for 2 children. California just allowed Monroe county to take over the financial part of his case and now they have put a block on his license. They told us to write a petition to California to try to get the whole case transfered so he can prove he only has one child but we don't know how to and it seems no one wants to be bothered to help us when we ask questions at the child support offices in Rochester NY and when we call California. He just doesn't know what to do but he needs his license to get to work to be able to pay his child support. Please help.
A: David's Answer: You need to first challenge SCU's suspension of the driver's license. If they refuse to un-suspend the license, then file an application with the Court for a hearing on the issue - it's Form 4-22 (http://www.courts.state.ny.us/forms/familycourt...). Speak to a Child Support lawyer in Rochester for more info. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)
A: David's Answer: You need to first challenge SCU's suspension of the driver's license. If they refuse to un-suspend the license, then file an application with the Court for a hearing on the issue - it's Form 4-22 (http://www.courts.state.ny.us/forms/familycourt...). Speak to a Child Support lawyer in Rochester for more info. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)
My ex wife stop paying her child support as she had a stroke and is not able to pay. What happens to the arrears if she files
Q: for a modification. Does the judge we out the arrears she has accumulated because she was unable to work or does she still have to pay the arrears
A: David's Answer: Arrears generally cannot be cancelled. That said, if she is incapacitated, the Court may find there to be a "grievous injustice" if arrears are not modified. You have a right to file an enforcement action - to which she'd likely counter with a modification petition. Speak to a Child Support lawyer in your area. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)
A: David's Answer: Arrears generally cannot be cancelled. That said, if she is incapacitated, the Court may find there to be a "grievous injustice" if arrears are not modified. You have a right to file an enforcement action - to which she'd likely counter with a modification petition. Speak to a Child Support lawyer in your area. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)
Do i need an attorney for the following case in family court
Q: my ex husband is a nyc fireman we have 3 children , i tried to get a modification in child supportbecause his salary has gone up over 15% since we were seperated and divorcedand in return they reduced his child support obligations , he constantly cancels visitations or just doesnt show up and now i was served with papers trying to change the visitation schedule again , he does not make up the visits he mises at all no effort pleas eadvise i have spent over 90000$ in legal fees and i have no more money available
A: David's Answer: I don't understand from this if his income went up how his support went down, unless one of the children became emancipated. As for the visitation case, if you financially qualify, you may apply for a free attorney assigned by the Court. Speak to a Child Support lawyer in your area. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)
A: David's Answer: I don't understand from this if his income went up how his support went down, unless one of the children became emancipated. As for the visitation case, if you financially qualify, you may apply for a free attorney assigned by the Court. Speak to a Child Support lawyer in your area. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)
Modification petition...
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)
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)
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)
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