Q: I pay court ordered child support in NY.The money is taken directly from my paycheck.Will it stop when she turns 18?
A: David's Answer: No - support in NY continues until age 21 unless the child is sooner emancipated. Schedule a consult with an Orange/Westchester Child Support lawyer for more info. -- 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
Child support in arrears of 20, 000+-- Need help reducing if possible have an order that was placed on me bc of not showing up
Q: This order was for a huge amount and I was not even employed but on unemployment and g oing to school at the time. I tried doing a modification myself but the magistrate sent me home twice stating that my proof was not suficent and another time bc of the Custodial parent not being there. I have been working for the last year and fo rthe past 7 months they have been taking out the arrears of over 400$ a month plus current 400$ for the 17% that NYS requires. I am coming home with less that 300$ per pay period andmy license is suspended even though I am paying the arrears. I have a great opportunity to join the FDNY. Passed test n physical etc just have not done the credit check due to the arrears and suspension. Can I do anything to have compromise of arrears? I am not able to pay in full.
A: David's Answer: First, you're stuck with the arrears unless you file a motion to vacate your default. The motion must state not only a meritorious defense but also a reasonable excuse for not appearing. Second, you can file a request with SCU for a work-restricted license. You may find the form here: https://www.childsupport.ny.gov/dcse/pdfs/dmvCh.... Finally, you may file a downward modification petition. That said, you're required to demonstrate you lost your last job thru no fault of your own & that you've since been making diligent efforts to find a job commensurate with your prior earnings. Call a Child Support lawyer in your area for more info. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)
A: David's Answer: First, you're stuck with the arrears unless you file a motion to vacate your default. The motion must state not only a meritorious defense but also a reasonable excuse for not appearing. Second, you can file a request with SCU for a work-restricted license. You may find the form here: https://www.childsupport.ny.gov/dcse/pdfs/dmvCh.... Finally, you may file a downward modification petition. That said, you're required to demonstrate you lost your last job thru no fault of your own & that you've since been making diligent efforts to find a job commensurate with your prior earnings. Call a Child Support lawyer in your area for more info. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)
Child support order from Texas , now live in NYS , ex lives in NYS , who has jurisdiction to enforce order.?
Q: Divorced in Texas 1980 child was 8 years old .
A: David's Answer: As both parents now reside in NY, then NY would generally have jurisdiction to modify or enforce. That said, have there been any modification and/or enforcement proceedings filed in the intervening years? Your ability to enforce a 1980 order is governed by the statute of limitations & thus if there were no subsequent orders, you may be out of luck. Schedule a consult with a Child Support lawyer in your area. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)
A: David's Answer: As both parents now reside in NY, then NY would generally have jurisdiction to modify or enforce. That said, have there been any modification and/or enforcement proceedings filed in the intervening years? Your ability to enforce a 1980 order is governed by the statute of limitations & thus if there were no subsequent orders, you may be out of luck. Schedule a consult with a Child Support lawyer in your area. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)
Ex just retired from militaru is supposed ro be looking for a job, now he's months behind in CS
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)
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)
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)
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