Taking ex back to court for a reduction in child support and I would like to gain another day in custody..can I bring this up?

Q: My ex was served with papers to go back to court for a reduction in child support. As of right now, she has physical custody. She has been violating many aspects of our written agreement such as not furnishing bills on time, not giving first right of refusal to the kids if she is not available and making unilateral decisions in regards to the kids. I have already made a complaint of harassment against her with the local police. I am wanting to gain another day of having my kids..can I bring this up at our court date or file it then. I don't want to keep going back and fourth to court. As of right now, I get them every other weekend, one day during the week and alternate mondays following the weekend she has them.

A: David's Answer: No - the Support Magistrate only deals with child support matters. You'll need to file a separate petition for modification of the visitation order. - David Bliven, Westchester Child Support attorney (www.blivenlaw.net)

Downward modification. How can I get a downward modification of child support?

Q: Let me say I am not looking to get out of paying child support, I only have 1yr to go. I was unemployed for awhile - plant closed and I tried to get a downward modification after that happen to no avail. The Support Magistrate denied it, several times. I recently became employed and my earnings are much less & again I wish to take my paycheck to show that a downward modification is necessary. Plus, my son is now in college full-time living at school. Since my ex is not paying for the incidentals that were normally paid for, lights, food, water bill etc. Does this change also effect support? My child will be 20 this December. So I have been paying the current support even though the last two years he has been away at school and I have been unemployed. They reside in New York State.

A: David's Answer: The issue is whether you are able to document your prior "diligent job search" so as to prove the job you did get was commensurate with your prior earnings (i.e., it was the best job you could get under the circumstances). Moreover, since you'd be liable for your share of college expenses, the fact that your son is attending college won't help you & could indeed result in a higher order. - David Bliven, Westchester Child Support attorney (www.blivenlaw.net)

Is this new attorney right about my old attorney "screwing me"?

Q: New court order: started with a temporary order since out of work, they waited until i was back to work to calculate final order. I was on disability from a car accident which lead to surgery so was out of work. Final order back dated from first out of work not considering involuntarily not working. Now high in arrears. I had a consultation with a new lawyer i found online and he says my old lawyer screwed me, that i should have never had to been ordered full amount back dated from involuntarily out of work and my lawyer should have said something. Is this true? Did i just flush 3G down the toilet for a lawyer who didnt help me , just helped increased arrears? Also said my weekly amount should be lawyered since under poverty amount but imputed since made more last year.

A: David's Answer: First, a definitive opinion can only be rendered after a full review & assessment. That said, if you were involuntarily out-of-work, you would have needed to present a certified medical report to that effect, stating during such time periods you could not perform ANY work. You would have also needed to have presented proof of how you were supporting yourself while out of work. If you did both of those, then yes, as a general rule, support arrears should have taken into account your reduced income. - David Bliven, Westchester Child Support attorney (www.blivenlaw.net)

It's been over 2 months since my trial to have my support order terminated and still nothing in the mail.what should I do?

Q: It's out of Orange County and the judge is in the middle of an election.

A: David's Answer: Generally a Magistrate/Judge has up to 60 days to render a decision - but that's after the case has been fully submitted & transcripts of the hearing date(s) have been received. Thus, sometimes there's a delay in getting the transcripts back from the reporter and/or court backlog. I'd thus suggest to wait a little longer, and then perhaps seek to call the Part Clerk on the status of the decision. - David Bliven, Westchester Child Support attorney (www.blivenlaw.net)

Should I just keep Paying what I am now, or seek for a modification because I have gained more time with my child?

Q: When I went to court- I had made 36,000 and her 17,000( she took off 2 months) after taxes and nonsense. I pay 108.50 a week- pay bi weekly- I pay 150.00 every other week in child healthcare-.( I had son 2 days plus dinner visit) so 52 hours- but averaged 60-75. 
We went to court- i now have 2 days plus whenever she is working- she kept denying me to have my son is she was working., was at babysitter (Average around 65-75hrs/wk). Before the end of the year, I will probably make 50,000- probably around 44,000 after taxes/defered comp. her- around 24-25,000. She has also claimed him on taxes every year even though(verbally-stupid i know) agreed ever other year. Should i seek to modify for lower/get taxes too, or keep quiet before she seeks to raise it when she figures out how much more i made.

A: David's Answer: The odds of her getting an increase are probably slightly better than you getting a reduction from what you're paying now. Thus, you may consider in your head that you're already getting an effective reduction if you've had a substantial increase of income yet are paying the same amount (for now). For a full assessment, schedule a consult with a Child Support lawyer in your area.- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)

I requested CS to review my income to not take extra for arrears- they have not gotten back to me.

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)

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)