Q: I'm non-custodial parent and overpaid child support obligation which my ex-spouse is refusing to pay ignoring preliminary hearing order, stipulation of agreement, judgment of divorce, and order on consent.
A: David's Answer: You would now simply submit the order to show cause, affidavit & exhibits to the Court clerk for filing. The Judge should sign it, give you a return date & direct the manner of service. You'll then be responsible for serving in on your ex. Schedule a consult with a Dutchess/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.
Wednesday, May 21, 2014
How do I proceed with Enforcement of a child support order in the family court and what documents are required?
Q: I was directed to pay all utilities on the marital residence pending child support income enforcement. The preliminary hearing order as well as the stipulation of agreement including a subsequent order on consent which null and voided all wrongfully assessed arrears clearly ordered all monies overpaid to be returned to me the non-custodial parent. My ex-spouse is refusing to reimburse me therefore I am seeking relief.
A: David's Answer: If you have an order requiring her to pay you a sum certain, then you should send her a demand letter via certified mail & if she still doesn't pay, you may either file a contempt motion or give it to a debt collector. Schedule a consult with a Westchester Child Support lawyer for more info. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)
A: David's Answer: If you have an order requiring her to pay you a sum certain, then you should send her a demand letter via certified mail & if she still doesn't pay, you may either file a contempt motion or give it to a debt collector. Schedule a consult with a Westchester Child Support lawyer for more info. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)
Saturday, May 17, 2014
The noncustodial parent owes you 40,000 in Child support and he's has a lawsuit against the city. Will the support be paid first
Q: I violated him for not paying child support twice the first time judge award me a money judgement. With a lean and 9%interest. The child support recovered 3,000 of it from a bank account. Second time he stop showing up so the judge issue. A warrant. So now he's in the papers and suing NYPD and The City. I want to know what I should do to make sure that my child support is paid in full. I called his lawyer He would sign something because he doesn't want it to come out he's a deadbeat. But He only has is best interest not my son's. Help please single mother can't afford a lawyer for hire. I'm not on public assist every penny counts.
A: David's Answer: I'm not sure from this posting what you're trying to do, other than the obvious (collect support from him). If his lawyer is trying to get you to sign something, you're best advised to bring the paperwork into a lawyer to review same before you sign it. Call a Child Support lawyer in your area to schedule a consult. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)
A: David's Answer: I'm not sure from this posting what you're trying to do, other than the obvious (collect support from him). If his lawyer is trying to get you to sign something, you're best advised to bring the paperwork into a lawyer to review same before you sign it. Call a Child Support lawyer in your area to schedule a consult. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)
How can I get my ex to pay from TX? I've been working with child support over a year now.
Q: He only pays what he wants, when he wants not what is court ordered. He is supposed to pay 1/week. I have not received anything since Nov. which was a garnish from his taxes. He is up to $25,000 in back pay. The TX Child Support said the courts were backed up and that was in Jan 2014. I had to call NY Child Support to have them call again and petition the violation and COLA. I've been doing this for almost a year now. What else can I do? Also, I believe he put everything in his wife's name.
A: David's Answer: Are you enforcing a NY order or TX order? If you're enforcing a NY order, then I'm not sure why you're filing anything in TX (other than perhaps a Registration proceeding). In NY, you may ultimately ask for his incarceration if he continues to refuse to pay. You may also need to consult a TX lawyer about debt collection efforts against his wife, so as to start seizing her funds (in NY, there's a common law claim of "necessaries" under which one may arguably proceed). Schedule a consult with both a TX lawyer & a NY Child Support lawyer in your area. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)
A: David's Answer: Are you enforcing a NY order or TX order? If you're enforcing a NY order, then I'm not sure why you're filing anything in TX (other than perhaps a Registration proceeding). In NY, you may ultimately ask for his incarceration if he continues to refuse to pay. You may also need to consult a TX lawyer about debt collection efforts against his wife, so as to start seizing her funds (in NY, there's a common law claim of "necessaries" under which one may arguably proceed). Schedule a consult with both a TX lawyer & a NY Child Support lawyer in your area. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)
Is this child support fraud
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)
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)
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)
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