Q: My ex petitioned the court for child support when our 18 year old daughter moved in with him. We settled and I am paying support and 50% of college with the SUNY Cap. She is currently attending a SUNY college in his county. However, the tuition bill states that she is being charged at the "nonresident" rate as they have failed to submit the residency statement. Although he is asking me to pay the lower "in state" tuition, this makes me doubt that she is/has been living with him since the time of his petition. Do I have the right to vacate the agreement as the tuition bill raises the question of her residency and I believe he was misleading the court? The agreement has been filed with the court but has never been entered as an order. Thanks so much in advance!
A: David's Answer: The Family Court can neither enforce nor modify mere "agreements." As such, if there is no court order reflecting the agreement, then you most likely can just stop paying. That said, before you do anything, I highly encourage you to call a Westchester Child Support lawyer to schedule a consult 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
Until what age do I have to pay child support for my daughter.I was never married to her mother.
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)
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)
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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