Q: These child support orders are all new and the reason for arrears is from being medically out of work but judge didn't bother caring. Anyway i submitted all documents to request to not take more but what if i cant make the regular weekly amount? I have worked 60+ hours weekly and still cant afford my bills plus cs! I barely have ate anything in days because i cant afford it. What happens ( besides the obvious- license suspension , freeze bank accounts, ect i read it all ) if i really cant survive on what i make plus child support even working doubles every day? Do they eventually just not care and take things away?
A: David's Answer: Fortunately or unfortunately, SCU can take support + arrears which would strip you down to the self-support reserve - which is 135% of the poverty line. As such, if you're left with at least that much, they're not technically taking too much (& all of your income counts towards this analysis). For a full assessment, schedule a consult with a Child Support lawyer in your area. - David Bliven, Bronx 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.
Monday, August 11, 2014
Thursday, August 7, 2014
Child support
Q: I'm putting my soon to be ex husband on child support but he is not working. He is going to use the excuse that his mother is taking care of him financially, is child support then going to require his mother to pay child support for her son since he is not working. He is going to say that he is disable and on workers compensation but workers compensation is not paying him much. His mother was just awarded 4 million dollars from a personal injury case.
A: David's Answer: Child support will not require his mother to pay as it's ultimately his obligation to pay. And while you can contest whether he's actually disabled, if he is, then the Court can only award you the CSSA percentage of his workers comp income. For a full assessment, schedule a consult with a Rockland/Westchester Child Support lawyer.-- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)
Wednesday, August 6, 2014
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)
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)
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)
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)
Wednesday, July 23, 2014
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)
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)
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)
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