How can I get a change of venue out of Onondaga County, when they have denied them in the past?

Q:  How can I get a change of venue out of Onondaga County, when they have denied them in the past? I've been informed that the original jurisdiction has to approve it. There is a current order. There are no pending petitions/motions right now, but if I want to petition a new one, can I just submit it to another court outside of Onondaga, along with the change of venue request?


A:  David's Answer:  Generally support & custody applications are done in the county where the child resides. That said, if venue was established in one county & change of venue previously denied, then it's likely to be denied again. If you file in another county, the other parent can oppose the application & ask that venue be changed back per the prior order. Schedule a consult with a Child Support lawyer in your area.   -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)

I entered into a temporary joint legal and residential custody until trial. We have 50/50 and live 60 miles away from each other

Q:  In this temporary agreement, my lawyer wrote an incorrect pick up and drop off location for my husband and I to transfer our child to one another also, my lawyer wrote that I will not receive any retro active monies for legal or child support. Due to the error on the pick up/drop off and being bullied to agree to no child support until trial to allow me to leave the county I was living in while married, can that temp agreement be modified to award me retro activity of legal and support until trial. My husband gives me no money for my son or his child care and makes most of his money off the books.


A:  David's Answer:  If the agreement was characterized as an interim settlement, then I see no reason why you couldn't press the issue of retro at trial (as you can say the agreement was merely that you weren't ask for the retro "at that point," but now are). That said, I'd prefer to see the agreement before rendering a definitive opinion. You're thus best advised to schedule a consult with a Child Support lawyer in your area for a full assessment.   -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)

Underaged girl lied to my son about age, now baby is invoved, paternity shows hes not the father. What can I do?

Q:  My son was with a girl when he was 17 and the girl lied about her age. There is a baby involved now. My son is now 19 and the said girl is 16 (her true age). I, as his mother wanted to know if that was his child so I did a paternity test. It came out that he's not the father.
What can I do to remove my son out of this situation when she constantly threatens my son with the child and gets her brothers to hurt him whenever possible?


A:  David's Answer:  He should immediately sever any contact with her. If he asks to see the child, provides any financial support for the child or does anything else to "hold himself out as the father," he may later be precluded from denying he's the father. If her brother attempt to assault your son, call the police. Call a Child Support lawyer in your area to schedule a consult.   -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)

I am divorced 13 yrs. I want to file for support modification. My daughter is in college. I have paid for the first two years.

Q:  The stipulation of agreement reads that each parent is to contribute 1/2 of all college,living, medical expenses, the other parent gets credited c.s. contributions. I assumed all was included in the original child support petition when my daughter was a child. I learned recently that it was not when I petitioned for c.s. arrears. I was told that a modification petition was necessary to have college expenses added. Family court said with a magistrate, lawyers are not necessary. I have all receipts and records of expenses paid with copies of all and I hope all other required documents. I just want the father to pay my daughter's next two years of college expenses. I cannot afford a lawyer. Do I have a good chance? What are all the required documents, so I can re-check my work? Thanks.


A:  David's Answer:  You are nearly always better off with a lawyer than without one. The question also is whether you ever sent the bills/receipts to the NCP & proof thereof. You're best advised to bring in all your paperwork to a Child Support lawyer in your area for a full review & assessment.   -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)

CP Makes More Than NCP. How Will Support be Calculated?

Q:  I am the CP of a 3 month baby girl. I make about $60,000 and NCP makes about $30,000. I also have a 9 year old daughter from a previous marriage, whom I am not receiving CS for. Will the magistrate use my salary in comparision to NCP when calculating CS or will it be just a straight 17% (New York) of his salary going to the support of his child?


A:  David's Answer:  While the statute as written considers both incomes, what you make does NOT effect the calculation unless combined parental income exceeds $141,000. You can get an idea of what child support will be by using this calculator: http://www.nyc.gov/html/hra/html/services/child.... Schedule a consult with a Child Support lawyer in your area.   -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)

Can I change my child support

Q:  during my divorce I agreed to pay my ex wife $500.00 for my kids with the agreement that I would see them. the judge said the mandated amount was about $277.00, now that the divorce is done she is not letting me see my kids but still wants the money, I'm taking it back into the supreme court to get my visitation done should I have the judge there do a down modification or do I have to go into family court and do it. can I get it done even though I agree to pay her more. I'm scared that if I try to take her to family court she will not show because she does not have a stable address, it will be hard to serve her the paper work


A:  David's Answer:  Yes, you can include an application to modify the child support within the same motion you file in Supreme Court. Whether you'll likely get the modification will depend on the factors used to deviate in the first place as well as what your current income is. Schedule a consult with a Rockland/Westchester Child Support lawyer for a full assessment.   -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)

I'm filling out a financial affidavit to reassess child support after 3 years -- should my 401K be included as an asset?

Q:  I believe my ex has close to or over a million in a 401K, but is claiming that's retirement money and as such should not be on the financial affidavit. I believe that it should. Can you please clarify?


A:  David's Answer:  The 401k absolutely should be disclosed on the financial disclosure affidavit. The issue isn't whether this will ultimately impact child support - the issue is that both sides are entitled to full financial disclosure. Schedule a consult with a White Plains Child Support lawyer for a full assessment.  -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)