Am I entitled to an increase in child support ?

Q: I'm custodial parent in June me and the kids mother came to an agreement that she would only pay $50 a week in support for 2 children. We agreed out side of court and then made it official with the court. Which at the time was fine because I was making "good" money . But now 6 months late my hours were dropped 20 hours each week and just after I purchased a home to accommodate the children need more room. I used to work 60 hours and now im only working 40 hours . Will the judge likely make her pay what the child support standard acts say she should be paying if I requested and increase?

A: David's Answer: The standard for modification is if you've either had a substantial change of circumstances and/or a 15% change of income. Assuming the cut in hours not thru any request or fault of your own, and further assuming this resulted in a significant decrease of income, I feel you have a good shot to modify upward. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)

My ex and I split unreimbursed medical, including orthodontia. My daughter now tells me the recently chewed up retainer is my

Q:  ex's fault, and my ex claims to have accepted the blame in my presence just to smooth things over. (The dog got to it.) Do I need to split the cost of the retainer in this instance, even though the mangled retainer seems to have been my ex's fault?

A: David's Answer:  Communicate with your ex on the issue. If your ex accepts that s/he will pay 100% of the retainer cost, then capture that with a confirmation e-mail. Schedule a consult with a White Plains Child Support attorney for more info.  -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)

I got denied by the magistrate for child support modification in N.Y. and still trying to appeal it, but child plans to take tax

Q: Can child support still take my tax return this coming year even when I asked them not too until I finish with my appeals. The magistrate error in her decision, she said I recently voluntarily and retired which was a lie I worked for the stat over 14 years ago and my vested retirement kicked In automatically... Right now I am attending graduate school, living below the poverty level, have a wife and 2 minor children and the magistrate still wants to hold me to $70 a week, which is way more than what I am getting from my retirement check. And N.Y. State tax sent me a notice to let me know that child support put a lien on my future upcoming tax return.. The mother of the child lives in Atlanta (and use to live in N.Y.), I use to live N.Y. and now i live in Massachusetts... So What can I do?

A: David's Answer: Unfortunately, SCU can still enforce the order even if its being appealed. Procedurally, you should have filed a motion for a "stay" of the enforcement of the judgement. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)

Downward Modification of Child Support: When will I find out if my ex files for a downward modification of child support?

Q:  He just started a new position in Tarrytown. How long do I have to wait to find out if he filed a petition? I just got downward in May of 2011. I receive the support from the Child Support Unit. Would they be advised as well?


A:  David's Answer:  He is obligated to serve you with the summons & petition. In between times, you always have the option of going to court and verifying any new filing with the clerk's office. For a full assessment, schedule a consultation with a Westchester Child Support attorney.  -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)

Child Support Modification. Modifying a support order.

Q:   In 2006 when the support order was modified the custodial parent was unemployed, going to school full time to acquire a Masters in teaching. Since then I lost my job, thru no fault of my own-company closed. I have kept records of job applications submitted. I have since found a job which is less than what I was making- I am happy to be employed again. The custodial spouse asset & living has changed. She has a fulltime job making 60,000 a yr, lives in a 1.5 million dollar home, Masters degree (I have a GED & some college) a houseboat in Lake George, travels to her time share in St Thomas every January. Whereas my cost of living is in debt, just became employed again. Downward modification of support is based on dramatic change of events. Does this qualify and what should I present or ask?


A:  David's Answer:  Usually lose of employment constitutes a "substantial change of circumstances," so long as one can prove they lost their job thru no fault of their own (which it appears you can). I'd still advise to continue a job search diary for a job commensurate with your prior earnings, however, especially if you were once earning twice as much or more. Schedule a consult with a White Plains Child Support attorney for a full assessment.   -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)

Child Support. I have current child support along with arrears.

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)

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)