Q: My daughter's mother and me have been separated for some time now and I also live in a different state because I'm active duty military my daughter is only a few months old and go and see her everytime I get leave and I sent 600 and 150 and extra when her mother asks and I have proof of it all but lately everytime I contact her mother she tries to pick a fight and is now threating to take me to court for dna and child support because she say's I refuse to help take care of her and it seems to have gotten worse now that i'm married and have another baby on the way and
A: David's Answer: She has a right to have support paid thru the court. Likewise, you have a right to file for a visitation order. You should be aware, however, of your rights under the Soldiers & Sailors Act - and thus the possibility of objecting to NY's jurisdiction is you're active duty. Speak to a Child Support lawyer in the Watertown 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.
Saturday, April 26, 2014
Wednesday, April 23, 2014
Child Support ! What happens with child support when one kids lives with mother and one with me please help !
Q: I currently pay $905.80 a month , 25% Percent for 2 child that live with there mother, My son will be 18 soon and has decided to move with me when he graduates. I'm trying to figure out what happens with support. I know I need to file for a downward modification from the 25 % to 17%. But now will the mother be responsible for 17% of the 18 years old. Last I knew she only makes about 16,000 a year. Does the judge consider that she is low income ? Or does she have to pay regardless? Both my children are under my medical plan, I used to pay 52.00 a week for family plan when first divorced. Now my medical is 152.00 weekly. My new wife and new child are under this plan also. Will There be an adjustment based on the increase ?
because of the self reserve support will the judge consider that the mother only works 20 hours instead of 40 my kids are 18 in a month and 14 it's not like they are young and she needs to be home all day
A: David's Answer: If there is a split custody situation, then the Court will generally order you to pay 17% for the child in her care, and order her to pay 17% for the child in your care. Moreover, if she's only working part-time, the Court may impute income to her as if she's working full-time. Also, you should get a letter from the insurance company specifying the extra cost to cover the subject children. Schedule a consult with a Child Support lawyer in your area. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)
Additional information
A: David's Answer: If there is a split custody situation, then the Court will generally order you to pay 17% for the child in her care, and order her to pay 17% for the child in your care. Moreover, if she's only working part-time, the Court may impute income to her as if she's working full-time. Also, you should get a letter from the insurance company specifying the extra cost to cover the subject children. Schedule a consult with a Child Support lawyer in your area. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)
Child support
Q: My daughters father stopped paying child support, so csea filed a petition of violation. When my daughters father received the court date in the mail he paid all the money that was due. Do i still need to go to court? Any way to get the court date dismissed.
A: David's Answer: If you are satisfied with his payments, then you can just send a letter to the Magistrate (copy it to the Father) saying you don't wish to continue with the violation case. This assumes the petition was filed on your behalf, however, and not on behalf of DSS (which would be the case if you're on any form of public assistance). 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: If you are satisfied with his payments, then you can just send a letter to the Magistrate (copy it to the Father) saying you don't wish to continue with the violation case. This assumes the petition was filed on your behalf, however, and not on behalf of DSS (which would be the case if you're on any form of public assistance). Speak to a Child Support lawyer in your area for more info. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)
Looking for an attorney that has experience with requesting a deviation from the CSA formula for child support.
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)
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)
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)
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