Ex hasnt made any payments on a previous child support settlement. When should I take him back to court and for how much?

Q:  In the process of divorce, my ex and I had a court order for child support through family court that he never complied with. The total he owed was $10,000. We agreed that I would accept $5000 as long as its paid in full. He is current on his weekly child support obligations yet he hasnt paid a dime towards the arrears. This was agreed on about a year ago. When should I take him back to court, and will I get the full amount owed since he never paid or will they only grant me $5000.


A:  David's Answer:  The answer depends on what the actual court order says. If it captured your agreement & says he only owes $5,000, then that's all you can enforce. Otherwise, you may be able to enforce the entire thing. You're best advised to bring the order - and a copy of any agreement drawn up between the two of you - into a Child Support attorney in your area for more info.  -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)

In revisiting child support every few years, my ex claims that my ex's income & assets are not relevant -- other than for....

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)

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)

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)

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: Answered about a month ago. 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)

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)