Q: My sons father was very abusive towards me. I never called the police. He is 100% off the books and owns nothing . I don't feel my son is safe with him but he had mAde it clear if I do not agree with the visitation he is asking for he will never pay me child support. It will takes years if I ever do get the $ through court. From the research I have seen so gat ny state does not seem to help single mothers at all in situations like this. I went to court with a parenting agreement that they are rewording and adjourned the case to June. How likely is it that I can have sole legal custody? And exactly what advantages would that give me? I am afraid to file for support but I am afraid I will lose my Medicaid if I do not. I can't find a lawyer who will help me very inexpensively
A: David's Answer: The carrot-and-stick to child support when dealing with an off-the-books person is either he pays or he goes to jail. That simple. Most father's talk tough right up until when they're on the bus heading towards jail, then wise up & agree to pay. I never cease to be amazed by how many father's come up with thousands of dollars just before they're about to be locked up just to get out of going to jail. Thus, you can certainly still reach a fair agreement on child support, but get it in an enforceable order. Schedule a consult with a Child Support lawyer in your 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.
Wednesday, June 11, 2014
Saturday, June 7, 2014
I've tried taking my ex to court for upward modification because he is self employed and making way more than what he claims.
Q: The judge disputed my request because the fact that I lost my job was not major change of circumstances. I've tried telling the judge that my ex is hiding his real income but the judge just casually said he'll look into his Tax paperwork. I lost the case and thinking to appeal w request of new judge.
What are my chances?
A: David's Answer: Ultimately it's your burden to prove hidden income. You could have made demands for production of other financial documentation and/or hired an investigator. You're best advised to bring the order & findings of fact to a Child Support lawyer in your area for a full review & assessment. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)
What are my chances?
A: David's Answer: Ultimately it's your burden to prove hidden income. You could have made demands for production of other financial documentation and/or hired an investigator. You're best advised to bring the order & findings of fact to a Child Support lawyer in your area for a full review & assessment. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)
Friday, May 30, 2014
Which state will govern the emancipation age for child support NY or PA?
Q: My separation agreement, custody, and divorce decree were all through PA court system. I live in NY with my child. I have full custody.Nothing at all was ever filed in NY or PA regarding child support. My ex is threatening to stop paying me our agreed amount when our son turns 18 even though he will have his whole senior year in high school ahead of him. I was told by one attorney that even though I can file through NY for court ordered child support, PA will govern the emancipation age of (high school graduation) because that's where custody was determin.ed. I would like to get support until he is 21. Also I pay for his insurance coverage. My ex wants to just abandon us. We won't be able to survive without child support.
A: David's Answer: Custody & Child Support have different jurisdictional statutes, so merely having jurisdiction on one issue doesn't govern the other. That said, I'd be very curious as to why support was not addressed in the divorce agreement - and whether there are separate jurisdictional provisions in that agreement which may be binding on the support issue. You're best advised to bring all your paperwork into a Child Support lawyer in your area. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)
A: David's Answer: Custody & Child Support have different jurisdictional statutes, so merely having jurisdiction on one issue doesn't govern the other. That said, I'd be very curious as to why support was not addressed in the divorce agreement - and whether there are separate jurisdictional provisions in that agreement which may be binding on the support issue. You're best advised to bring all your paperwork into a Child Support lawyer in your area. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)
Keep getting Child Support from NC through CSE even though child is over the age of 21.
Q: I live in NYS and my daughter just turned 21 within the past month. I am still receiving child support payments (around $200 a month) from CSE even though the account is up-to-date, in fact I just checked the acct. and there is now a credit of $250 for the NC. There is no termination date on the court order. The NC and I are estranged and I have no idea where he lives. How does support end in cases like this? Do I keep cashing the checks (my daughter is in college and uses the money for expenses) until they stop coming from the state? If I do cash the checks will I have to pay the overpayments back? What is my legal responsibility?
A: David's Answer: You should contact SCU & let them know the child is emancipated and they may cancel the income garnishment. They may need you to execute a form & submit it for this to be done. Some forms & instructions are online: https://www.childsupport.ny.gov/DCSE/secure/Log.... 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: You should contact SCU & let them know the child is emancipated and they may cancel the income garnishment. They may need you to execute a form & submit it for this to be done. Some forms & instructions are online: https://www.childsupport.ny.gov/DCSE/secure/Log.... Speak to a Child Support lawyer in your area for more info. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)
Am I responsible for my stepson's unpaid co pays and deductibles?
Q: He is currently 21. He has never lived with us but since my husband was on my policy and legally responsible for medical insurance. We added my stepson about 10 years ago. I am the subscriber of the medical insurance.
A: David's Answer: No, because he's an adult anyway for child support purposes. But regardless, the co-pays are assessed by the provider, not technically by the insurance company. Thus, the bills for same should go to your step-son. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)
A: David's Answer: No, because he's an adult anyway for child support purposes. But regardless, the co-pays are assessed by the provider, not technically by the insurance company. Thus, the bills for same should go to your step-son. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)
Saturday, May 24, 2014
Does child support go up when a child turns 11?
Q: I currently pay child support to my ex for my 6 year old son. I read that once a child turns 11 child support can be increased. Is this true and if so how much?
A: David's Answer: No, it's not dependent on the age of the child - it is dependent, however, on the age of the order. If your order is more than 3 years old (& it sounds as though it is), then either party may file a petition for modification without the need to prove a "substantial change of circumstances." Schedule a consult with a Child Support lawyer in your area for more info. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)
A: David's Answer: No, it's not dependent on the age of the child - it is dependent, however, on the age of the order. If your order is more than 3 years old (& it sounds as though it is), then either party may file a petition for modification without the need to prove a "substantial change of circumstances." Schedule a consult with a Child Support lawyer in your area for more info. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)
My brother been in customs on way his way back into the country, he owes back child support over 50k, what's going to happen?
Q: In Miami customs coming back from a vacation to Honduras, he has been on child support for over a decade is he going to jail???
A: David's Answer: Unless there's an arrest warrant outstanding, then it's extremely unlikely he'd be denied re-entry or held at Customs. Schedule a consult with a Child Support lawyer in your area for more info. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)
A: David's Answer: Unless there's an arrest warrant outstanding, then it's extremely unlikely he'd be denied re-entry or held at Customs. Schedule a consult with a Child Support lawyer in your area for more info. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)
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