Q: calculating the pro-rata share of certain obligations such as summer camp. But isn't my ex's income relevant to calculating child support itself in some way -- even though my ex is the recipient of that child support?
A: David's Answer: While technically the custodial parent's income is considered in the calculation, as a practical matter your ex's income doesn't effect the amount of basic support unless combined income exceeds $141,000 (& even then, greatly so) or there was some basis to argue that the amount was "unjust or (grossly) inappropriate. You're best advised to schedule a consult with a White Plains Child Support lawyer 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, July 19, 2014
Wednesday, July 16, 2014
My 22 year old daughter would like to accompany me to a family court hearing, where child support for her younger sister...
Q: ...will be discussed. She feels it will be an advantage because it will make my abusive ex uncomfortable and more likely to tell the truth. He has a tendency to tell many, many untruths, as abusers often do. I'm considering it. What do you think? She knows she has to sit in the back and that she can't speak except to identify herself when asked. Would the Support Magistrate frown upon that?
A: David's Answer: Family Court proceedings are presumptively open to the public. That said, if she may be a witness on any issue in the case, then she cannot be present for any other part of the proceeding. Schedule a consult with a White Plains Child Support lawyer for a full assessment. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)
A: David's Answer: Family Court proceedings are presumptively open to the public. That said, if she may be a witness on any issue in the case, then she cannot be present for any other part of the proceeding. Schedule a consult with a White Plains Child Support lawyer for a full assessment. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)
Tuesday, July 15, 2014
My ex has hired someone to recalculate child support diminishing his support by $600 a month! Can he do this without my consent?
Q: We had a collaborative divorce and in the agreement it stipulates that we agree to recalculate every year. He lives in a huge mansion by himself with 8 acres, a pool and a tennis court and has substantial investments. He doesn't work much at all and now is claiming poverty. $600 a month reduction is going to severely affect my life and my childrens' lives. Should I take him to family court? Can he just start paying me less without an official document? What is your recommendation please?
A: David's Answer: Usually your divorce settlement gets incorporated into a judgment, and usually the judgment specifies the amount of support. As such, the only way to modify the judgment would be to go back to Court. It behooves you to bring the agreement, the judgment & his purported basis for a reduction into a Westchester Child Support lawyer for a full assessment. Call such an attorney to schedule a consult. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)
A: David's Answer: Usually your divorce settlement gets incorporated into a judgment, and usually the judgment specifies the amount of support. As such, the only way to modify the judgment would be to go back to Court. It behooves you to bring the agreement, the judgment & his purported basis for a reduction into a Westchester Child Support lawyer for a full assessment. Call such an attorney to schedule a consult. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)
Monday, July 14, 2014
My ex wants additional child support, saying the gross income from my rental property should be used versus the net....
Q: Is there a rule or law I can point to stating that income from a rental property should be included in the child support calculation only as a net figure after expenses (which in my case is zero), rather than as gross income?
A: This is caselaw driven - one appellate case deciding the issue is Kessler v. Kessler, 47 AD3d 892, 850 NYS2d 596 (2d Dept 2008). That case held gross rental income should have the expenses incurred by that rental (e.g., real estate taxes, insurance, out-of-pocket expenses such as repairs) deducted. -- David Bliven, White Plains Child Support lawyer (www.blivenlaw.net)
I am in litigation and am currently living with family and have a two year old.
Q: My soon to be ex's attorney has sent a letter to the judge to modify child support. I am living with family because it is unaffordable to live on our own. Is this a possibility that child support can be modified? He also is not paying court ordered pro rata add ons. Please give me advice?
A: It is extremely unlikely the Judge will modify support on the basis of a letter. Generally once interim support is set, the only time it can be modified is at trial. Schedule a consult with a White Plains Child Support lawyer for a full assessment. -- David Bliven, Westchester Child Support lawyer (www.blivenlaw.net)
A: It is extremely unlikely the Judge will modify support on the basis of a letter. Generally once interim support is set, the only time it can be modified is at trial. Schedule a consult with a White Plains Child Support lawyer for a full assessment. -- David Bliven, Westchester Child Support lawyer (www.blivenlaw.net)
Saturday, July 12, 2014
How is NY child support calculated?
Q: I live out of the state of NY. The CP is on Public Assist, Food Stamps, and Medical and has no job currently or in the past 3 years. I, the NCP, have a decent full time job. However because the CP has no job or will ever get one, I'm force to pay 100% of the "shared expenses", is this correct? Would I get some type reduction in my monthly amount, due to the fact the CP does nothing but collect welfare. I understand that the CP doesn't see all of the money because the State take back a portion of it., but seems unjust if I'm paying a high CS amount in which the CP has to do nothing at all.
A: David's Answer: You would not pay a % of the "shared expenses." Instead, assuming there is 1 child, you would pay 17% of your adjusted gross income. If the result is more than the PA budget for the child, then it makes sense to have the child taken off PA so the money goes directly to the mother than to DSS. Call a Child Support lawyer in the Utica area for more info. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)
A: David's Answer: You would not pay a % of the "shared expenses." Instead, assuming there is 1 child, you would pay 17% of your adjusted gross income. If the result is more than the PA budget for the child, then it makes sense to have the child taken off PA so the money goes directly to the mother than to DSS. Call a Child Support lawyer in the Utica area for more info. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)
My ex came back to court to raise my child support, court ordered me to pay more, she lied about her work and income.
Q: Just year and a half ago I was ordered to pay child support. My ex stated that she makes less money because she changed work, which is lie, but how can I prove it if she works off books. I compromised my work to spent more time with my daughter, so she doesn't have to pay for nanny (2 times a week and every second Saturday), and I also agreed to pay for Saturday school. In this case I 'll have to resign from my promises, because I won't be able to support everything. She wants me to pay for everything extra, even for her nanny, because she doesn't have time to take care of our daughter. Now i pay nearly 25% of my income for one child, and the court doesn't care about my involvement in rising our child.
A: David's Answer: The issue is that generally you only have a right to have a trial once, and you would've had the obligation to present evidence of her lie at that time. If you didn't ask for the proper disclosure at the time, it may be too late now to have, essentially, a re-trial on the same issue. The question really becomes whether the court is taking out too much relative to your pay. Schedule a consult with a Child Support lawyer in your area. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)
A: David's Answer: The issue is that generally you only have a right to have a trial once, and you would've had the obligation to present evidence of her lie at that time. If you didn't ask for the proper disclosure at the time, it may be too late now to have, essentially, a re-trial on the same issue. The question really becomes whether the court is taking out too much relative to your pay. Schedule a consult with a Child Support lawyer in your area. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)
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