Child support is taking $995 and leaving my son with $24 a check. That is twice a month. Nothing else to say...

Q: Child support is taking $995 and leaving my son with $24 a check. That is twice a month. Nothing else to say...Information given not helpful at all.

A: David's Answer: I assume you mean that you have a 2d, non-subject child residing with you. If you believe the original support order was too high, your options are: (a) if it was set less than 30 days ago, file an Objection, (b) if you've had a substantial change since the order was set, file a modification petition, or (c) if the order was set relatively recently, but you feel the Magistrate didn't consider (or didn't properly consider) certain issues in your case, file a motion to renew/reargue. For a full assessment, schedule a consult with a Westchester Child Support attorney. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)

When I get my SLU award from workes comp do the take out for my child support errors

Q: Is child support errors taken out of your SLU award?

A: David's Answer: I assume you mean arrears - if so, the answer is yes, SCU can take arrears from any source of income. For more info, schedule a consult with a Child Support lawyer in your area. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)

I had a trial to terminate child support. She told us she would mail her decision. Its been over 7 weeks now when should i get it?

Q: I had a trial to terminate child support. She told us she would mail her decision. Its been over 7 weeks now when should i get it? It's outta orange county courts...

A: David's Answer: The Magistrate has up to 60 days to issue a decision, but this is only a general rule. This may be extended due to backlog, waiting for the transcripts to be produced, etc. Schedule a consult with an Orange/Westchester Child Support lawyer for more info. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)

Social services newyork

Q:  if i was collecting from social services from when i was pregnant with my son till now my son is turning 3 years old his father never financially helped an now hes forced to pay social services money he owed them since december 2011 could he still file for some kind of custody and he lives in a different state and never visited my son in 3 years


A:  David's Answer:  The mere fact that your support is paid thru DSS does not give him an advantage in the custody proceeding. He can always petition for custody, but whether he'll be successful depends on a number of factors, including how often he's visited the child, especially given his distance. Schedule a consult with a Child Support lawyer in your area for more info.   -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)

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)