Q: I have arrears and current child support due. How do they figure out how much is deducted from my payroll check? I don't know if they take all of it and leave me with no money of my own to survive or is there a percentage that they take to satisfy current and arrears. I lost my job and fell behind. I am now employed again, and have no objection paying, but I was wondering how they figure out what to deduct from my paycheck. This is a case in Westchester County, New York.
A: David's Answer: Generally SCU will take out 50% of the order to satisfy the arrears. That said, whatever they take out must leave you with enough net pay to be above the self-support reserve (135% of the poverty line). - 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.
Friday, October 10, 2014
Thursday, October 9, 2014
What happens in a contempt of childsupport hearing?
Q: I just want to know what to expect when i go to court.i just got of maternity leave and am making a little bit more money than i did when the child support order was set for the ncp. will the court take that in consideration for a ncp and modify the order or will the ncp still have to pay the back child support that the ncp accrued? since the ncp just got a lunp sum. what should be asked in court.
A: David's Answer: Merely because you, as custodial parent, make more money will certainly not effect the violation case - nor is it likely to effect any modification case the NCP files. What you should ask for depends on a lot of things - if he's working, ask for a garnishment. Ask for production of a financial disclosure affidavit - if he has bank accounts, you can get a money judgment & execute against any assets there. If he's not working, ask for him to be referred to a jobs program and mandated to keep a job search diary with a minimum of 30 entries per week. - David Bliven, Westchester Child Support attorney (www.blivenlaw.net)
A: David's Answer: Merely because you, as custodial parent, make more money will certainly not effect the violation case - nor is it likely to effect any modification case the NCP files. What you should ask for depends on a lot of things - if he's working, ask for a garnishment. Ask for production of a financial disclosure affidavit - if he has bank accounts, you can get a money judgment & execute against any assets there. If he's not working, ask for him to be referred to a jobs program and mandated to keep a job search diary with a minimum of 30 entries per week. - David Bliven, Westchester Child Support attorney (www.blivenlaw.net)
Child support is being revisited 3 years after my divorce. I'd like to do bank subpoenas since my ex's financial affidavit
Q: Does not seem accurate. Are subpoenas relatively standard when child support is revisited?
A: David's Answer: I'd say no & here's why: subpoenas are usually only used when discovery cannot be had from the party themselves. In other words, you (or your lawyer) can simply serve a discovery demand on the other side for them to produce his/her bank account statements. It's quicker & there's no subpoena/copy fees you'd otherwise need to pay. - David Bliven, Westchester Child Supprort attorney (www.blivenlaw.net)
A: David's Answer: I'd say no & here's why: subpoenas are usually only used when discovery cannot be had from the party themselves. In other words, you (or your lawyer) can simply serve a discovery demand on the other side for them to produce his/her bank account statements. It's quicker & there's no subpoena/copy fees you'd otherwise need to pay. - David Bliven, Westchester Child Supprort attorney (www.blivenlaw.net)
Friday, September 26, 2014
If my child support case is reactivated, will it be a new case or be subjected to the old order? As of now I'm unemployed.
Q: If my child support case is reactivated, will it be a new case or be subjected to the old order? As of now I'm unemployed. Brooklyn, NY
A: David's Answer: If the "old case" was dismissed, then one cannot generally "reactivate" it (except via a motion to vacate a default or motion to renew/reargue). Generally if an order was vacated, then the custodial parent would need to file a new petition, which would then only be retroactive to the new petition's filing. - David Bliven, Westchester Child Support Law attorney (www.blivenlaw.net)
A: David's Answer: If the "old case" was dismissed, then one cannot generally "reactivate" it (except via a motion to vacate a default or motion to renew/reargue). Generally if an order was vacated, then the custodial parent would need to file a new petition, which would then only be retroactive to the new petition's filing. - David Bliven, Westchester Child Support Law attorney (www.blivenlaw.net)
Possible Child support Fraud
Q: My daughter moved in with her father when she turned eighteen years old. I paid child support for a year until she moved back in with me. For several reasons I had always doubted that my daughter was living with her father but was living on her own, The other day I discovered that the year I was paying child support my daughter filed as an independent/head of household, she also posted "moving again" on her facebook page two days before we were to appear in court for his child support petition suggesting that she was not living with him during the time when he filed the petition. I would now like to petition him for child support since our daughter is living with me (under 21 years of age) and would
A: David's Answer: The Magistrates do not "investigate" the case, as what evidence is presented is ultimately up the to individual parties to research & present. That said, it seems very unlikely you'd be able to get relief at this point, since you otherwise could have researched the issue at the time of his original filing, and apparently chose not to. - David Bliven, Westchester Child Support attorney (www.blivenlaw.net)
Additional information
like to know if I can ask the support magistrate to do an inquiry regarding this issue?Sunday, September 21, 2014
My obligation to split babysitting for a 15 year old was successfully eliminated by family court this week. My ex now....
Q: My ex now owes me almost $1K since I filed in early May. How long does my ex have to reimburse me for that, and if not done on a timely basis what can I do?
A: David's Answer: Did the order specifically require her to reimburse you the money - and specify the amount? If yes, then wait 30 days, if she doesn't pay, send her a default notice letter via certified mail, return receipt demanding repayment. If she still doesn't pay, file a violation petition & ask for a money judgment. - David Bliven, Westchester Child Support attorney (www.blivenlaw.net)
A: David's Answer: Did the order specifically require her to reimburse you the money - and specify the amount? If yes, then wait 30 days, if she doesn't pay, send her a default notice letter via certified mail, return receipt demanding repayment. If she still doesn't pay, file a violation petition & ask for a money judgment. - David Bliven, Westchester Child Support attorney (www.blivenlaw.net)
Thursday, September 18, 2014
Petition to change child support
Q: I agreed for my ex to pay the minimal amount of child support. I am now realize that it is not enough since I moved to a larger apartment and have more expenses. But since we agreed, the custody changed and my ex and I now share custody. Can I petition the court that my expenses have increased and I need help. Also, is school supplies covered by the support I receive from my ex? I've tried to ask her for help with school supplies but she keeps telling me it's a basic necessity so what she gives me each week should help cover.
A: David's Answer: It depends on how long ago the agreement was & whether it opted out of normal modification clauses. If if did not, then once every 3 years the parties can automatically re-visit child support by merely filing a petition. Even before then, support can be modified upon proof of a substantial change of circumstances (usually defined as income and/or expenses changing by 15% or more). - David Bliven, Westchester Child Support attorney (www.blivenlaw.net)
A: David's Answer: It depends on how long ago the agreement was & whether it opted out of normal modification clauses. If if did not, then once every 3 years the parties can automatically re-visit child support by merely filing a petition. Even before then, support can be modified upon proof of a substantial change of circumstances (usually defined as income and/or expenses changing by 15% or more). - David Bliven, Westchester Child Support attorney (www.blivenlaw.net)
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