I want a child support increase , how do I make this happen?

Q:  I want to have my ex pay more child support , I had agreed to $50 dallors a week 8 months ago threw court. When she should be paying $104 . I've had to expand and buy a house to accommodate everyone. My expense are higher and my medical increase. 8 months ago the $50 was ok but it doesn't go far anymore.


A:  David's Answer:  If filing a modification prior to 3 years having passed since the last order was set, you have the obligation to prove a substantial change of circumstances. As to whether you'll be able to satisfy same will depend on an analysis of your individual finances. As such, you should schedule a consult with an Orange/Westchester Child Support attorney for a full assessment.    -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)

My kids and I live in NY, their dad lives in Mexico, can I sue him for child support?

Q:  He lives in Mexico city, has a new wife and a child, in the divorce we agreed on one amount, how do I know if thsi was fair and if I can sue him for child support from ny


A:  David's Answer:  Where did you get divorced, in Mexico or in NY? If in NY, then did he consent to NY having jurisdiction? If yes, then the child support should've been contained in the divorce judgment. If you divorced in Mexico, then further facts are needed to assess whether you'd be able to get jurisdiction over him here. 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 magistrate committed crime by falsify my annual income buy14,000 so that the petitioner could get more money

Question: I gave my income $6,600,,She wouldn't give her decision at the hearing.3 day's later I get my support order reading that my annual income was $20,800 .She did this with no prove whatsoever.I believe she has committed a crime under 37.09 line (2) of the penal code. Can I have her charged and what do I need to do to charge her.She falsified documents with knowledge that it would change the out come of a official proceeding.This a c class mis. border line felony.Please tell me what I can do,thanks will

David's Answer: No - your remedy is to file an Objection appeal. Bear in mind such appeals must be filed within 35 days of the date the Court mailed you the order. You also have an obligation to order & produce to the court transcripts of all the proceedings held before the Magistrate. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)

Do I have to pay these child care expenses.

Question: I have a child support ordered for my daughter,. I've been paying good and I do have included in the support if there are child care expense I have to reimburse her 50%. At the time she didn't have expense because her mother babysitters her. Now she mailed me a lot of money orders dated back from Sept stating she pay 80 a week to her neighbor to watch my daughter. It's about $700. Do I have to pay this far back? Or did she have a certain time limit to give these to me.

David's Answer: If the order doesn't specify otherwise, you'd need to pay these amounts. That said, I'd suggest you file a modification petition to get the "30-30 rule" inserted into the order - in a nutshell, it means she has to get you the receipts of any unreimbursed expense within 30 days or it's waived, while you'd have 30 days to pay or else be considered in default. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)

Can I file a child support modification

Question: I recently asked the court to order my daughters, father to add her to his insurance. Because he went from a single to a family plan, the judge deducted the amount he would pay for support and credited him that money towards the extra cost he incurred for changing plans. However, the insurance plan he has is the same amount wether u insure 2 people or 10, and I recently found out he added his wife and her daughter to that plan as, well. Can I ask for my child support to be set back to the amount it was, before because I do my feel it's fair he is paying less for support for my daughter if other people in his house hold are benefitting from the same plan?

David's Answer: I think you have a fair shot to do so, yes. File a modification petition with the Family Court & get him served. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)

Child's father was committed to jail for 45 days for back support of $10,000.00. He could pay $3,000 to get out.

Q:  He decided to serve the 45 days so he would not have to pay anything.. He just was released. How do I get the back child support.

A:  David's Answer:  You'd need to pursue the other collection methods - income garnishment, bank account/asset/property seizure, tax refund intercept, etc. You can keep re-filing violation petitions every 4-6 months to get another judgment as well as for the Court to consider putting him back in jail. Schedule a consult with a Dutchess/Westchester Child Support lawyer for more info.  -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)

Do I need a lawyer to get back all child support payment that was made when I surrendered my parental rights?

Q:  I surrendered my parental rights back in 2009 on 2 of my children and I was paying child support by garnishment of my check by DSS, Family and Children Services. My kids were in foster care since 2006 of September. My checks are still being garnished.

A:  David's Answer:  You'd need to immediately file a petition to terminate the support order. As for the back money, Family Court cannot refund money already dispersed. You would thus need to sue the adoptive parent (assuming they received the funds) in civil court. Schedule a consult with a Dutchess/Westchester Child Support attorney for a full assessment.  -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)