Q: I live in New York State. I am the father of two young boys 11 and 13 years old. I won full physical custody of my boys in December of 2013.I make $115,000 a year. My ex wife makes 27 thousand dollars per year.in our custody agreement it states that I am NOT to seek child support until April of 2015.I want to file for child support come April of 2015. However I have been told that I may be instructed to pay child support because of the disparity in income between the both of us. Could this ever happen?
A: David's Answer: That depends on the exact phrasing of the custody agreement - if it's shared custody (meaning 50-50%), then you may have to pay some child support to her as the higher-earning parent. If it deems you as the primary residential parent, then there's no way you pay child support to her unless the custody arrangement is modified. Schedule a consult with an Orange/Westchester Child Support attorney for a full assessment. -- 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.
Saturday, December 13, 2014
NCP not paying ordered child care support stating "inapplicable service fees" as the reason. Does he have legal standing?
Q: I pay a babysitting service company $20.00 each time the babysitter comes to my house for work. I also pay a 6 month contract fee of $100 to have the babysitter's available to me from this company. In addition, I pay the babysitter directly for her time. Non-custodial parent is arguing the $100/6 mth fee and the $20.00/per visit charge is "inapplicable service fees" and therefore is refusing to pay me for the incurred expenses for 50%, court ordered child care. Is he correct? Also, court ordered is 50% activity expenses for children. Children attended summer camp but were away from the camp during non custodial's parenting time for 10 days. The camp does not prorate for this absence. Non-custodial is refusing to pay for his 50% of camp cost during the time children were with him.
A: David's Answer: I think the NCP loses on both counts. While the issue of the babysitter surcharges is a closer question, I think the odds are in your favor. Thus, you should send him a default notice letter requesting that he put the arrears, or else. If he fails to, file a violation petition. Schedule a consult with a Westchester Child Support lawyer for more info. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)
A: David's Answer: I think the NCP loses on both counts. While the issue of the babysitter surcharges is a closer question, I think the odds are in your favor. Thus, you should send him a default notice letter requesting that he put the arrears, or else. If he fails to, file a violation petition. Schedule a consult with a Westchester Child Support lawyer for more info. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)
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)
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)
Tuesday, November 25, 2014
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)
Saturday, October 18, 2014
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)
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)
Wednesday, October 15, 2014
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)
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)
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