Q: He says how can i pay CS when I'm not working , and am retired. he voluntarily retired i told him yhat his problem. but i believe he is working. is there a way to find out thru his SS number. also what should i do
thank you aqll
A: David's Answer: You can ask SCU to perform a search via his social security number, or hire a private investigator. Ultimately you can also file a violation petition as a voluntary retirement is akin to a voluntary quit - he's generally not entitled to any reduction of the support order. Schedule a consult with a Putnum/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, May 17, 2014
What line of the W-2 is used to calculate child support? Same for a federal tax return?
Q: My divorce ended 3 years ago, and my ex would like to increase child support payments. I'll take this opportunity to do a cross-motion requesting I no longer have to pay another 400 each month on half the cost of a babysitter for a 15-1/2 year old. I understand that type of arrangement usually ends when the child is 13. I'll also take that opportunity to have my ex prove there's a need for an increase in child support. Thanks in advance for your assistance
A: David's Answer: There is no "one line" of your W-2 to look at, as "adjusted gross income" is defined differently for IRS purposes as opposed to the NYS child support laws. The basic calculation is to start with one's gross income & deduct FICA (which comprises both social security & Medicare tax). One would think the odds are heavily in your favor to get the child care knocked out. That said, if you've had any increase in your income & the divorce (or settlement agreement) is dated more than 3 years ago, your ex would be entitled to an automatic adjustment. Schedule a consult with a Westchester Child Support lawyer for a full assessment. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)
A: David's Answer: There is no "one line" of your W-2 to look at, as "adjusted gross income" is defined differently for IRS purposes as opposed to the NYS child support laws. The basic calculation is to start with one's gross income & deduct FICA (which comprises both social security & Medicare tax). One would think the odds are heavily in your favor to get the child care knocked out. That said, if you've had any increase in your income & the divorce (or settlement agreement) is dated more than 3 years ago, your ex would be entitled to an automatic adjustment. Schedule a consult with a Westchester Child Support lawyer for a full assessment. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)
Saturday, May 10, 2014
I start a new job and I get my child support taken directly from my payroll from current job. How do I transition it?
Q: I don't want to raise any flags with my ex wife since there is a pay raise and the child support is already set. I want the transition to be as smooth as possible so that I won't awaken the sleeping giant. I start the new job on the 21st and my last day is on the 18th of this month.
A: David's Answer: You should contact SCU. You should also send a letter/e-mail to your ex letter her know of the new job. Call a Child Support lawyer in your area for more info. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)
A: David's Answer: You should contact SCU. You should also send a letter/e-mail to your ex letter her know of the new job. Call a Child Support lawyer in your area for more info. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)
Tuesday, May 6, 2014
Saturday, April 26, 2014
I'm single-mom, primary caregiver, main bread-winner, no child support. Lost my job, got an offer in Tx. Will I lose my kids?
Q: Is there any hope of having girls come with me (ages 11 &16)? Father lives in same town with significant visitation. I have seen gradual alienation of the girls since he's been here. He, his new wife and girls prtray themselves as 'family unit' & I am treated as an outsider some times. He & I both have Ph.D.s , he left his previous job, is now CEO of his own company ( employs 4 incl his wife). He claims $20000 annual income, I had to waive child support as part of settlement agreement or he would get 50% of my assets. Since I lost my job last year, I've tried to find suitable job locally but couldn't. Options are to stay unemployed, sacrifice career/livelihood to stay close or take new job, lose kids and pay child support & go towards bankruptcy? Is there nothing I can do?
A: David's Answer: You'll need to commence a relocation action in either Family or Supreme Court in your area. Depending on the wording of your settlement, you may be able to also move to claim child support based on unanticipated change of circumstances. This may be a way to put pressure on him to agree to the move. You're best advised to document your job search for comparable employment in your area. Speak to a Child Custody lawyer in your area. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)
A: David's Answer: You'll need to commence a relocation action in either Family or Supreme Court in your area. Depending on the wording of your settlement, you may be able to also move to claim child support based on unanticipated change of circumstances. This may be a way to put pressure on him to agree to the move. You're best advised to document your job search for comparable employment in your area. Speak to a Child Custody lawyer in your area. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)
Preschool, Private school and Day-care add-ons for child support from unmarried father
Q: Hi, I had a child and starting a support case to get assistance from my ex-boyfriend. We never lived together. I want to know if:
1) Will I be entitled to get Pre-school and private-school add-on for my child? He does not want to send to pre-school or private school.
2) Will he pay a share of whatever type of day-care I choose for my child? does it matter how much it costs?
A: David's Answer: Unreimbursed educational & child care expenses are generally mandatory add-ons. Thus, generally he will need to pay his pro-rata share over & above basic child support. That said, how much of those add-on expenses he's actually assessed with will also involve an assessment of how much money he's left with after subtraction of the basic order & proposed add-ons. Speak to a Child Support lawyer in your area for more info. -- David Bliven, Westchester Child Custody attorney (www.blivenlaw.net)
1) Will I be entitled to get Pre-school and private-school add-on for my child? He does not want to send to pre-school or private school.
2) Will he pay a share of whatever type of day-care I choose for my child? does it matter how much it costs?
A: David's Answer: Unreimbursed educational & child care expenses are generally mandatory add-ons. Thus, generally he will need to pay his pro-rata share over & above basic child support. That said, how much of those add-on expenses he's actually assessed with will also involve an assessment of how much money he's left with after subtraction of the basic order & proposed add-ons. Speak to a Child Support lawyer in your area for more info. -- David Bliven, Westchester Child Custody attorney (www.blivenlaw.net)
Does my 6,000 settlement count from car accident impute as income for child support?
Q: My ex and i have 2 young boys and have split up 4 yrs ago.never been married nor ever had a legal agreement. In 2011 i was in a car accident which made me out of work for 6 months. I paid my ex what i could from unemployment and we were civil. I went back to work and was then injured on the job in 2013. I then again paid her what i could from disability and remained civil. We recently have got into disagreement with money and had me summonds for child support. I am still out of work since my injury lead to extensive rehab to which i couldn't work. We went to court, Judge made temp order til i have pay stubs when back to work to show in a few weeks. 1 week before served i got a check for 6000 from 2011 accident. Will this be imputed as income for upcoming court date?
A: David's Answer: The answer is: likely yes. The reason is that you're likely using the money to defray basic living expenses & to that extent, it will likely be considered income to you. If you are not using it for income, then it may only be considered an asset. Schedule a consult with a Child Support lawyer in your area. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)
A: David's Answer: The answer is: likely yes. The reason is that you're likely using the money to defray basic living expenses & to that extent, it will likely be considered income to you. If you are not using it for income, then it may only be considered an asset. Schedule a consult with a Child Support lawyer in your area. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)
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